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december 2017

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.

S. Esabella vs C. Thankarajan · Niyam