Supreme Court of India · 2010-10-22
Sadaram Suryanarayana & Anr vs Kalla Surya Kantham & Anr
- Citation / case number
- AIR 2011 SUPREME COURT 294
- Court
- Supreme Court of India
- Petitioner
- Sadaram Suryanarayana & Anr
- Respondent
- Kalla Surya Kantham & Anr
- Author
- T.S. Thakur
- Bench
- T.S. Thakur, Markandey Katju
Judgment text excerpt
The Supreme Court upheld the High Court's decision to decree the suit for possession under the provisions of the Indian Succession Act, 1925, specifically referencing the principles of testamentary succession. The Court found that the Will executed by Smt. Kalla Jaggayyamma clearly stipulated that the property would devolve upon her daughters and subsequently their female offspring, rejecting the appellants' claim of absolute title under a later Will. The Court affirmed the High Court's reversal of the Trial Court's dismissal of the plaintiffs' suit, thereby granting them possession of the property in question.