Supreme Court of India · 2019-08-28
Kottangada B.Motaiah vs Machimada Belliappa
- Citation / case number
- AIRONLINE 2019 SC 951
- Court
- Supreme Court of India
- Petitioner
- Kottangada B.Motaiah
- Respondent
- Machimada Belliappa
- Author
- Navin Sinha
- Bench
- Indira Banerjee, Navin Sinha
Judgment text excerpt
The Supreme Court upheld the dismissal of the appellant's Regular First Appeal in a partition suit, affirming that the appellant failed to prove his claim of ownership over wet lands necessary for entitlement to a share in the 'bane' lands. The Court clarified that 'bane' lands, as defined in the Coorg Revenue Manual, are not subject to partition and that the appellant's arguments regarding the maintainability of the suit were not raised in earlier proceedings. The Court held that the findings of fact by the lower courts were not erroneous, thus dismissing the appeal.