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april 2017

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.

RAMNATH SAO (DECD) THRU HIS LRS vs GOBERDHAN SAO (DECD) THROUGH LRS. . · Niyam