In Brief
The appellants, heirs of Gones, sought to establish their entitlement to portions of two family properties based on a settlement deed dated 1919, which acknowledged that Gones had paid half the purchase price. The Supreme Court held that even if Gones had acquired title, he effectively abandoned those rights through his acquiescence and inaction during inventory proceedings (1925/1937) and his complete silence throughout his lifetime (until 1978) despite knowing the property had been allotted to his sister-in-law Shantibai. The Court found that Gones received substantial gifts in 1913 and 1925 totalling ~45 hectares, far exceeding what the settlement deed would have yielded. Exercising its discretion in an appeal by special leave, the Court dismissed the suit, reasoning that substantial justice had been achieved and granting relief would result in gross inequity to the respondents.
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