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may 1967

Supreme Court of India · 1967-05-04

GUMMANNA SHETTY & ORS. vs NAGAVENIAMMA

Citation / case number
SC 1964/90486
Court
Supreme Court of India
Petitioner
GUMMANNA SHETTY & ORS.
Respondent
NAGAVENIAMMA
Bench
BACHAWAT, R.S.

Judgment text excerpt

The Supreme Court held that the deed dated September 4, 1900, did not effect an outright partition of the properties under Section 3(6) of the Madras Aliyasanthana Act, 1949. The court established that for a partition to be valid under the Act, it must distribute properties among all kavarus of the kutumba for their separate and absolute enjoyment in perpetuity. The court reversed the High Court's decision, affirming that the deed was merely for convenience and did not constitute a legal partition.

GUMMANNA SHETTY & ORS. vs NAGAVENIAMMA · Niyam