Supreme Court of India · 1965-08-27
MAMIDI VENKATA SATYANARAYANA MANIKYALARAO AND ANOTHER vs MANDELA NARASIMHASWAMI AND OTHERS
- Citation / case number
- SC 1963/220
- Court
- Supreme Court of India
- Petitioner
- MAMIDI VENKATA SATYANARAYANA MANIKYALARAO AND ANOTHER
- Respondent
- MANDELA NARASIMHASWAMI AND OTHERS
- Bench
- SARKAR, A.K.
Judgment text excerpt
The Supreme Court addressed the issue of whether a suit for partition and possession by an alienee of a Hindu joint family property was barred by limitation under Article 144 or Article 120 of the Indian Limitation Act. The Court held that the purchaser of a copartner's undivided interest is not entitled to immediate possession but must wait for a partition to be made, thus establishing that the limitation period for such a suit begins only after a specific allotment. Consequently, the High Court's ruling that the suit was barred by limitation was overturned, and the matter was remanded for further proceedings.