Munni Bai @ Bisahin Bai v. Sahulal
Case brief
What is this about?
The High Court set aside the First Appellate Court's decree granting inheritance share to plaintiffs. The Court held that granting title relief under Order 7 Rule 7 CPC was impermissible as the plaintiffs sued only for injunction years after the relative's death and never claimed succession relief, depriving defendants of opportunity to contest.
What did the court decide?
The judgment and decree of the First Appellate Court granting plaintiffs Pushani Bai's share is set aside; the second appeal is allowed to that extent, and the plaintiffs' suit is dismissed.