Supreme Court of India · 2019-04-09
SMT. P.LEELAVATHI (D) BY LRS. vs V.SHANKARNARAYANA RAO(D) BY LRS.
- Citation / case number
- SC 2008/1432
- Court
- Supreme Court of India
- Petitioner
- SMT. P.LEELAVATHI (D) BY LRS.
- Respondent
- V.SHANKARNARAYANA RAO(D) BY LRS.
- Author
- HON'BLE MR. JUSTICE M.R. SHAH
- Bench
- HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE L. NAGESWARA RAO
Judgment text excerpt
The Supreme Court upheld the dismissal of the partition suit filed by Smt. P. Leelavathi under the Hindu Succession Act, 1956, asserting that the properties in question were not part of the joint family estate but were individually owned by the defendants. The Court emphasized that the burden of proof lies on the plaintiff to establish her claim to a share in the properties, which she failed to do. Consequently, the appeal was dismissed, affirming the High Court's decision.