Supreme Court of India · 2017-12-12
S. Esabella vs C. Thankarajan
- Citation / case number
- AIRONLINE 2017 SC 75
- Court
- Supreme Court of India
- Petitioner
- S. Esabella
- Respondent
- C. Thankarajan
- Author
- Kurian Joseph
- Bench
- Amitava Roy, Kurian Joseph
Judgment text excerpt
The Supreme Court addressed the issue of partition under Section 2 of the Partition Act, affirming the High Court's decision to allow the respondent to purchase the appellant's share due to the impracticability of partitioning a small pathway. The Court held that the appellant could not challenge the final decree without contesting the preliminary decree, and found the compensation amount of Rs.50,000 set by the High Court to be inadequate, increasing it to Rs.1,50,000. The appeal was disposed of accordingly.