Supreme Court of India · 1996-10-28
NINGE GOWDA vs LINGE GOWDA .
- Citation / case number
- SC 1995/10246
- Court
- Supreme Court of India
- Petitioner
- NINGE GOWDA
- Respondent
- LINGE GOWDA .
- Author
- G.B. PATTANAIK K. RAMASWAMY
- Bench
- G.B. PATTANAIK K. RAMASWAMY
Judgment text excerpt
The Supreme Court upheld the findings of the lower courts regarding the existence of a prior partition among the brothers of the appellant's father, confirming that the property in question was ancestral and had been lawfully mutated in the name of the appellant's father in 1929-30. The Court dismissed the appeal, affirming the trial court's decision which had rejected the defendants' claims of inheritance from their grandmother Huchamma. The judgment reinforces the principle that a lawful mutation based on a joint application by all parties is binding unless challenged within a reasonable time.