Supreme Court of India · 2016-02-26
NAGABHUSHANAMMAL (D) THRU LRS vs C.CHANDIKESWARALINGAM
- Citation / case number
- SC 2009/6366
- Court
- Supreme Court of India
- Petitioner
- NAGABHUSHANAMMAL (D) THRU LRS
- Respondent
- C.CHANDIKESWARALINGAM
- Author
- KURIAN
- Bench
- ROHINTON FALI NARIMAN KURIAN JOSEPH
Judgment text excerpt
The Supreme Court addressed the principles of res judicata, partition, ouster, and adverse possession in the context of a partition suit under Section 11 of The Code of Civil Procedure, 1908. The Court held that the earlier suit's dismissal on the basis of the genuineness of a settlement barred the subsequent partition suit, affirming the trial court's decision that the plaintiff's claim was not maintainable due to res judicata. The Court emphasized that the defendant's exclusive possession for over thirty years also supported the dismissal based on adverse possession.