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october 2010

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.

Sadaram Suryanarayana & Anr vs Kalla Surya Kantham & Anr · Niyam