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september 1995

Supreme Court of India · 1995-09-11

K. ADIVI NAIDU vs E. DURUVASULU NAIDU

Citation / case number
SC 1994/16218
Court
Supreme Court of India
Petitioner
K. ADIVI NAIDU
Respondent
E. DURUVASULU NAIDU
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that the preliminary decree in O.S. No.2/75 must be given effect to, emphasizing that alienees of alienees have no right to equities. The Court clarified that a coparcener cannot sell an undivided share in joint family property, and any such sale does not bind other co-parceners. The Court modified the Division Bench's direction, stating that if the lands purchased by the appellants are more valuable, the respondents should be compensated monetarily, thus allowing the appeal in part.

K. ADIVI NAIDU vs E. DURUVASULU NAIDU · Niyam