Back
ENUTHURUMALLI GOPALA KRISHNA RAO
Amathi Tirupathaiah S/o Veeraiah – Appellant
Versus
B. Padmavathi W/o Subbarao – Respondent
JUDGMENT :
ENUTHURUMALLI GOPALA KRISHNA RAO, J.
1. This appeal is filed by the appellants/defendants 3 to 5 challenging the judgment and decree, dated 12-9-2001, in O.S. No. 24 of 1998 passed by the learned Senior Civil Judge, Gurazala, Guntur District. The 1st respondent herein is the plaintiff and respondents 2 and 3 are defendants 1 and 2 in the said suit.
2. The parties will hereinafter be referred to as arrayed before the trial Court.
3. The 1st respondent/plaintiff filed the suit for partition of the properties into three equal shares and to allot 1/3rd share to the plaintiff and for recovery of separate possession with mesne profits.
4. In a nutshell, the averments in the plaint are as follows:
The main legal point established in the judgment is the discretion of the appellate court to allow additional evidence in exceptional circumstances, as provided under Order 41 Rule 27 of the Civil Pr....
A partition deed long acted upon by all parties through possession and alienation is binding and cannot be reopened by descendants, especially when the original parties to the partition accepted the ....
The court emphasized the necessity of including all joint family properties in partition suits and allowed additional evidence to clarify property ownership.
A valid oral partition must be substantiated with evidence; unproven claims lead to invalidation of subsequent property transactions.
The joint family property principles affirmed the entitlement of daughters to equal shares alongside sons, despite claims of self-acquisition by the father regarding the property in question.
The existence of a registered partnership deed governs the relationship between parties, rendering claims for partition of joint family properties unmaintainable when no evidence of joint family owne....
The presumption of joint family status in Hindu law requires clear evidence to establish prior partition; the Appellate Court allowed partition of one property acquired post-partition while dismissin....
The judgment emphasizes that possession by one co-sharer does not constitute adverse possession, and mutation in revenue records does not establish ouster. The need for evidence to prove adverse poss....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
