Supreme Court of India · 2017-04-06
RAMNATH SAO (DECD) THRU HIS LRS vs GOBERDHAN SAO (DECD) THROUGH LRS. .
- Citation / case number
- SC 2003/13363
- Court
- Supreme Court of India
- Petitioner
- RAMNATH SAO (DECD) THRU HIS LRS
- Respondent
- GOBERDHAN SAO (DECD) THROUGH LRS. .
- Author
- RANJAN GOGOI
- Bench
- ASHOK BHUSHAN RANJAN GOGOI
Judgment text excerpt
The Supreme Court held that in a partition suit under Hindu law, the existence of a joint family is essential for claiming partition of ancestral property. The Court emphasized that the plaintiffs must prove unity of title and possession, which was lacking in this case due to the disruption caused by the multiple marriages of the common ancestor, Mithu Sao. Consequently, the appeal was dismissed, affirming the lower court's decision that the properties claimed by the plaintiffs were not subject to partition.