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.