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july 2024

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.

Rajinder Kaur (Deceased)Through Legal ... vs Gurbhajan Kaur (Deceased) Through Lrs ... · Niyam