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.