Supreme Court of India · 2017-04-25
Bapusaheb Chimasaheb ... vs Mahesh Vijaysinha Rajebhosale & Ors
- Citation / case number
- AIR 2017 SUPREME COURT 2491
- Court
- Supreme Court of India
- Petitioner
- Bapusaheb Chimasaheb ...
- Respondent
- Mahesh Vijaysinha Rajebhosale & Ors
- Author
- Arun Mishra
- Bench
- S. Abdul Nazeer, Arun Mishra
Judgment text excerpt
The Supreme Court upheld the trial court's decree for partition of ancestral property under Section 6 of the Hindu Succession Act, 1956, affirming that the plaintiffs, as heirs of Anandibai, were entitled to their share despite the defendants' claims of adverse possession and limitation under Article 65(b) of the Limitation Act, 1963. The Court ruled that the plaintiffs were co-owners and that the suit was not barred by limitation or Order II Rule 2 of the CPC, as the defendants had not established exclusive possession. The appeal was dismissed, affirming the lower courts' findings.