Supreme Court of India · 1996-10-25
K.M. SRINIVASAN vs K.M. ARUMUGHAM
- Citation / case number
- SC 1996/2312
- Court
- Supreme Court of India
- Petitioner
- K.M. SRINIVASAN
- Respondent
- K.M. ARUMUGHAM
- Author
- S.P. KURDUKAR K. RMASWAMY
- Bench
- S.P. KURDUKAR K. RMASWAMY
Judgment text excerpt
The Supreme Court held that the partition deed dated August 27, 1953, required the property to be enjoyed in equal shares by the appellant and respondent, who are brothers. The Court found that the High Court's interpretation of the partition deed was incorrect, as it failed to recognize that the ground floor was to be jointly enjoyed. The Court set aside the judgments of the High Court, appellate Court, and trial Court, directing the trial Court to appoint an Advocate Commissioner to facilitate a proper repartition of the property within six months.