Supreme Court of India · 2013-12-10
SEBASTIAO LUIS FERNANDES(DEAD)BY LRS&ORS vs K.V.P.SHASTRI .
- Citation / case number
- SC 1999/4476
- Court
- Supreme Court of India
- Petitioner
- SEBASTIAO LUIS FERNANDES(DEAD)BY LRS&ORS
- Respondent
- K.V.P.SHASTRI .
- Author
- V. Gopala Gowda
- Bench
- G.S. SINGHVI,V. GOPALA GOWDA,C. NAGAPPAN
Judgment text excerpt
The Supreme Court examined the appeal concerning the ownership of property bearing land registration No. 16413, originally claimed by Inacinha Fernandes in Civil Suit No. 14091 of 1948. The Court held that the original plaintiff was entitled to 1/3rd share of the property, which devolved upon her upon the death of her husband, Luis Fernandes. The Court ruled that the subrogation rights granted to the father of the first defendant were limited to 1/3rd share and not the entire property, thereby reversing the High Court's decision and restoring the trial court's decree.