Niyam v2 is live — start for just ₹100 — 200 credits to try

april 2018

Supreme Court of India · 2018-04-19

MANGAMAL @ THULASI AND ANR. vs T.B.RAJU AND ORS.

Citation / case number
SC 2007/509
Court
Supreme Court of India
Petitioner
MANGAMAL @ THULASI AND ANR.
Respondent
T.B.RAJU AND ORS.
Author
HON'BLE MR. JUSTICE R.K. AGRAWAL
Bench
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MR. JUSTICE R.K. AGRAWAL

Judgment text excerpt

The Supreme Court addressed the issue of partition rights among co-sharers, emphasizing that no specific limitation period applies to such suits under the Limitation Act. The Court held that the dismissal of the appellants' partition suit by the High Court was erroneous, as it failed to consider the absence of evidence regarding dispossession and the lack of a limitation period for partition claims. Consequently, the Supreme Court set aside the High Court's order and allowed the appeal, reinstating the appellants' right to seek partition.

MANGAMAL @ THULASI AND ANR. vs T.B.RAJU AND ORS. · Niyam