Adjustment of equities between the parties -- A decision based on adjustment of equities between the parties will be far more beneficial than rendering a decision based on inferences drawn on contested facts and pure legalities -- Orders passed by the Trial Court, High Court as well as Supreme Court to keep aside eight acres of land was only to secure the probable share of the Appellants, in the event they succeeded -- Though, the Appellants have lost in the suit as well as in the appeal, a direction can be given for granting a portion of the said land to the Appellants so that their claim to some extent stands satisfied. – Both contesting the case for more than two decades -- Such an order could build and revive the relationship between the close members of the family -- Appellants held entitled to three acres, out of the eight acres of land set aside under the orders passed by the Trial Court, the High Court and also by Supreme Court.
(SC) Decided on : 23.09.2022