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february 2016

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.

NAGABHUSHANAMMAL (D) THRU LRS vs C.CHANDIKESWARALINGAM · Niyam