Kartick Chandra Mandal vs Netai Mondal(Dead)By Lrs. & Ors

The Supreme Court addressed the appeal against the Calcutta High Court's judgment allowing a Second Appeal under Section 100 CPC. The Court held that the lower courts erred in misapplying the law regarding co-sharers and the necessity of a valid partition for claims of possession and title. The Court emphasized that without a legal partition, the claims of the parties must be evaluated differently, leading to the conclusion that the plaintiff's suit for recovery of possession was not maintainable under the circumstances presented.