Suit:
Suit for declaration that the plaintiffs were rightful owners of half share of the suit property - Suit decreed in respect of the entire suit property - Applying Wilkinson's Rule i.e. accepting the award passed by majority members of Panchayat - Appellate Authority affirmed the order - Writ petition was dismissed by Single Judge of High Court - Division Bench of High Court affirmed the order of Single Judge - Appeal to Supreme Court - Held: In the suit plaintiffs had claimed only half the suit property, hence decree awarding anything beyond the claim is liable to be set aside to that extent - In view of s. 2 of Kolhan Civil Justice Act also, the concurrent judgments, made on the basis of Wilkinson's Rule cannot be set aside - Bihar Kolhan Civil Justice (Regulation and Validation) Act, 1978 - s. 2.
Disposing of the appeal, the Court
HELD: In view of the fact that it is only half the property which went to the plaintiffs, as referred to in the plaint, that was the subject matter of the Suit, the decree will have to be set aside to the extent that it awards anything beyond this. In view of section 2 of Bihar Kolhan Civil Justice (Regulation and Validation) Act, 1978 as well, which admittedly has not been challenged by the appellants, it is difficult at this point of time to set aside the concurrent judgments which were made on the basis of application of Wilkinson's Rules. [Paras 8, 10] [1021A-B; 1022-A] Mora Ho v. State of Bihar and Others AIR 2000 Patna
101 - referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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