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august 1965

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.

MAMIDI VENKATA SATYANARAYANA MANIKYALARAO AND ANOTHER vs MANDELA NARASIMHASWAMI AND OTHERS · Niyam