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november 2018

Supreme Court of India · 2018-11-28

Sunkara Lakshminarasamma (Dead) By Lrs vs Sagi Subba Raju & Ors. Etc.

Citation / case number
AIRONLINE 2018 SC 1364
Court
Supreme Court of India
Petitioner
Sunkara Lakshminarasamma (Dead) By Lrs
Respondent
Sagi Subba Raju & Ors. Etc.
Author
Mohan M. Shantanagoudar
Bench
Mukeshkumar Rasikbhai Shah, N.V. Ramana, Mohan M. Shantanagoudar

Judgment text excerpt

The Supreme Court upheld the High Court's decision confirming the dismissal of O.S. Nos. 97 and 98 of 1984 for partition, and the decree in O.S. No. 72 of 1983 for specific performance in favor of Sagi Subba Raju. The Court found that the wills presented by the defendants were adequately proved, and the plaintiffs were entitled to only a 2/3 share of the properties, with the remaining 1/3 share being validly bequeathed. The judgment reinforced the principle that the validity of wills must be established to determine property rights in partition suits.

Sunkara Lakshminarasamma (Dead) By Lrs vs Sagi Subba Raju & Ors. Etc. · Niyam