Evidence Law: Devendra Shumsher JBR v. Lila Shumsher JBR & Others, NKP 2045, DN: 3536
Case: Cancelation Of deed
Applicant/Plaintiff: Devendra Shumsher JBR
Opponent/Defendant: Lila Shumsher JBR
Decision Number: 3536
This case is related with Principle of Estoppel.
Fact of the case:
The case was decided by the full bench of SC and has been again revised by the grand full bench of the SC on the order of His Majesty.
On 2029/09/17, Plaintiff Devendra Shumsher (son) claimed that defendant Lila Shumsher (father) sold and transferred joint property without his consent, over which he also had a right to, Lamu Amatya. As per the plaintiff’s claim, the plaintiff and defendant are not separated.
Major Claim of plaintiff:
To cancel the deed,
To redeem half of the property that belonged to him.
Kathmandu District Court:
The applicant Devendra Shumsher had already partitioned his property from Lila Shumsher, so he cannot claim on that property. It is not clear whether the transacted land belongs to both of them or is earned by Lila Shumsher alone.
Chapter on participation no. 19, “There is no locus standi to cancel the deed made by his father.” Hence, the case was quashed by district court on the basis of court proceeding no. 180.
The applicant was dissatisfied with the decision of district court and appealed to central regional court.
Central Regional Court:
It approve the decision of district court.
Supreme Court:
The division bench and later full bench affirmed the decision made by the lower courts and dismissed the claim as per 19 of the chapter on partition; the head of the family can sell less than half of the property to run the household.
The applicant was not satisfied, so he asked the grand bench of SC to revise the decision made by the lower courts and enforce his claim.
A grand full bench of SC confirmed the decision made by the division bench of the SC.
Principle Established:
If the subject of separation is once accepted in writing, then later that cannot be denied, saying we are unseparated by the principle of estoppel as per sec. 34 of the Evidence Act 2031.
