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september 2008

Supreme Court of India · 2008-09-15

C.Krishnan & Ors vs Kistammal & Ors

Citation / case number
AIRONLINE 2008 SC 480
Court
Supreme Court of India
Petitioner
C.Krishnan & Ors
Respondent
Kistammal & Ors
Author
Arijit Pasayat
Bench
Mukundakam Sharma, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the Madras High Court erred in setting aside the trial court's decree regarding items 1 to 9 of the suit properties without an appeal on that specific relief. The Court emphasized that the shares obtained by Munusamy Reddy and Ramu Reddy upon family division would pass to their heirs by succession, not by survivorship. Consequently, the appeal was allowed, and the decrees of both lower courts regarding items 1 to 9 were set aside, while the decree for item 10 was upheld.

C.Krishnan & Ors vs Kistammal & Ors · Niyam