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november 1959

Supreme Court of India · 1959-11-13

CT. A. CT. NACHIAPPA CHETTIAR AND OTHERS vs CT. A. CT. SUBRAMANIAM CHETTIAR

Citation / case number
SC 1955/21
Court
Supreme Court of India
Petitioner
CT. A. CT. NACHIAPPA CHETTIAR AND OTHERS
Respondent
CT. A. CT. SUBRAMANIAM CHETTIAR
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court held that the reference and award in a partition suit could not be challenged on the grounds of dealing with foreign immoveable properties, as the trial court had previously determined it lacked jurisdiction over such properties. The Court clarified that the award did not divide or declare shares in the foreign properties but merely recited the fact of separation and equal enjoyment of properties in Pudukottai. Furthermore, it was established that the terms 'suit' and 'court' in Section 20 of the Indian Arbitration Act, 1940 encompass appellate court proceedings, affirming the validity of the reference under Section 21 of the Act.

CT. A. CT. NACHIAPPA CHETTIAR AND OTHERS vs CT. A. CT. SUBRAMANIAM CHETTIAR · Niyam