Supreme Court of India · 2024-07-23
Rajinder Kaur (Deceased)Through Legal ... vs Gurbhajan Kaur (Deceased) Through Lrs ...
- Citation / case number
- 2024 INSC 552
- Court
- Supreme Court of India
- Petitioner
- Rajinder Kaur (Deceased)Through Legal ...
- Respondent
- Gurbhajan Kaur (Deceased) Through Lrs ...
- Author
- Rajesh Bindal
- Bench
- J.K. Maheshwari, Rajesh Bindal
Judgment text excerpt
The Supreme Court upheld the preliminary decree for partition of property under the provisions of the Partition Act, 1893, affirming the Trial Court's decision to auction the property due to legal restrictions on partition. The Court emphasized that all co-sharers must render accounts of rent collected, and that subsequent buyers stepping into the shoes of original defendants are bound by the decree. The appeals against the preliminary decree were dismissed, confirming the rights of the original co-sharers and the process for sale and distribution of proceeds.