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october 2018

Supreme Court of India · 2018-10-23

Govindammal (Dead) By Lrs. And Ors. vs Vaidiyanathan And Ors.

Citation / case number
AIRONLINE 2018 SC 710
Court
Supreme Court of India
Petitioner
Govindammal (Dead) By Lrs. And Ors.
Respondent
Vaidiyanathan And Ors.
Author
Mohan M. Shantanagoudar
Bench
Mohan M. Shantanagoudar, N.V. Ramana

Judgment text excerpt

The Supreme Court ruled that the plaintiffs are entitled to the entire 'A schedule' property, as the original partition in 1912 allocated this property to their ancestor Narayanaswamy Mudaliar. The court emphasized that the auction sale of Chokalingam's half share did not confer any rights beyond what was owned by the judgment debtor, and the defendant's claim to the property was invalid. The court held that the plaintiffs, being the grandsons of Narayanaswamy, inherited the property and the defendant had no rights over it beyond Chokalingam's half share, which was 1.36 acres.

Govindammal (Dead) By Lrs. And Ors. vs Vaidiyanathan And Ors. · Niyam