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august 2014

Supreme Court of India · 2014-08-28

Pangu Alias Apputty (Dead) Throu ... vs Narayani And Ors

Citation / case number
AIRONLINE 2014 SC 158
Court
Supreme Court of India
Petitioner
Pangu Alias Apputty (Dead) Throu ...
Respondent
Narayani And Ors
Author
V. Gopala Gowda
Bench
V. Gopala Gowda, Dipak Misra

Judgment text excerpt

The Supreme Court upheld the High Court's decision to set aside the Subordinate Court's decree in Original Suit No. 123 of 1990, emphasizing that the suit schedule properties, inherited from Valli, must be divided among all legal heirs as per customary law. The Court clarified that the registered partition deed of 1953 does not negate the rights of the plaintiffs, who are entitled to seek partition. The judgment reinforces the principle that co-ownership rights persist unless legally extinguished, thus directing a preliminary decree for partition.

Pangu Alias Apputty (Dead) Throu ... vs Narayani And Ors · Niyam