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october 1996

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.

K.M. SRINIVASAN vs K.M. ARUMUGHAM · Niyam