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K.S. Basavarajappa S/O Eranna @ ... vs Veerabhadrappa S/O Eranna @ Subbaiah on 2 July, 2007 cites

Trojan & Co. Ltd vs Rm. N. N. Nagappa Chettiar on 20 March, 1953

In support of his argument, learned counsel has relied upon the case of Trojan & Co. v. RM N N Nagappa Chettiar to contend that the decision of a case cannot be based on grounds outside the pleadings of the parties and it is the case pleaded that has to be found. Without an amendment of the plaint, the party was not entitled to grant the relief as prayed for.
Supreme Court of India Cites 0 - Cited by 395 - M C Mahajan - Full Document

Union Of Bharat, Ministry Of Rly. vs Mst. Asha Bi on 15 February, 1957

In Bharat Singh's case cited supra, the Apex Court has held that there is a strong presumption in favour of hindu brothers constituting a joint family. It is for the person alleging severance of the joint hindu family to prove it The mere fact that after the death of the father mutation entry was made in favour of three brothers and indicated the share of each to be one third, by itself could be no evidence of the severance of the joint family which, after the death of the fattier consisted of the three brothers who were minors. Mutation entry in favour of the widow of one of the three brothers on his death might have been made without the knowledge of the other two brothers who were minors at the time. Their minority will also explain the absence of objection to the mutation being made in her favour. The two brothers, who were minors, might not have attended the Public Assembly and could not have understood the significance of any general notice, if any, issued in that connection land the garnering of people. It is not for the revenue authorities to make any regular enquiry about the devolution of title. They make entries for revenue purposes about the person who is considered prima facie successor of the deceased. A widow would be considered an ostensible successor to her husband unless it be known that her husband was a member of a joint hindu family and the property over which mutation was to be made was joint family property. Thus mere fact of the mutation entry being made in favour of the widow on the death of her husband will not be a clear indication that there was no joint hindu family of the three brothers at the time of death.
Madhya Pradesh High Court Cites 17 - Cited by 45 - M Hidayatullah - Full Document
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