Supreme Court of India · 2008-07-07
G.Rama vs T.G.Seshagiri Rao(D) By Lrs
- Citation / case number
- AIR 2009 SC (SUPP) 531
- Court
- Supreme Court of India
- Petitioner
- G.Rama
- Respondent
- T.G.Seshagiri Rao(D) By Lrs
- Author
- Arijit Pasayat
- Bench
- Lokeshwar Singh Panta, Arijit Pasayat
Judgment text excerpt
The Supreme Court upheld the Karnataka High Court's decision under Section 96 and Order XLI of the Code of Civil Procedure, 1908, affirming that the plaintiff, T.G. Seshagiri Rao, was not the absolute owner of the suit property but entitled to an undivided half share. The Court clarified that the defendant's claim of ownership through adverse possession was not substantiated, and thus the plaintiff was entitled to partition and separate possession of his share. The ruling emphasized the importance of documented evidence in establishing ownership rights under the Hindu Succession Act, 1956.