November 7, 2024
DU LLBLaw of ContractSemester 1

Subhas chandra Das Mushib V Ganga Prasad Das Mushib AIR 1967 SC 878

CitationSubhas chandra Das Mushib V Ganga Prasad Das Mushib AIR 1967 SC 878
Keywords
FactsThe plaintiff‘s father, Prasanna Kumar, owned certain lands in two villages, namely, Parbatipur and Lokepur, holding an eight annas share in each

He had two sons, namely, Ganga Prasad, the plaintiff, and Balaram, the second defendant in the suit, besides a daughter Swarna lata and an only grandson Subhash Chandra, who was the first defendant in the suit.

Ganga Prasad had no son.
Issues
Contentions
Law PointsRaghunath Prasad v. Sarju Prasad

It will be noted that the High Court did not come to a finding that Balaram was in a position to dominate the will of his father (Subhas his son being only about 14 years of age at the date of the deed of gift). Nor did the High Court find that the transaction was an unconscionable one

The result is that the appeal is allowed, the judgment and decree of the High Court set aside and that of the trial Court restored.
Judgment
Ratio Decidendi & Case Authority

Full Case Details

To do

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