HIGH COURT OF KARNATAKA
N.S. Sanjay Gowda, J
SARASWATAMMA, RAVIKUMAR, JAYAMMA, ARUNA – Appellant
Versus
DATTATREYA, NAGALINGACHAR – Respondent
| Table of Content |
|---|
| 1. challenge to partition based on inequity. (Para 3 , 5 , 10) |
| 2. equitable considerations in family partition. (Para 4 , 7 , 15) |
| 3. timeliness and acceptance affect rights. (Para 8 , 11 , 12 , 19) |
| 4. final decision dismissing suit based on findings. (Para 20 , 22) |
JUDGMENT
2. The geneology of the family is as under:
3. The adopted son of Shivappa and Savithramma i.e., Dattatreya filed the suit for setting aside the partition effected amongst his family members on 09.05.1975 and for a partition and allotment of his share in relation to the suit property.
5. It was the case of Dattatreya that the partition effected on 09.05.1975 could not be sustained as it had been entered into in his absence and when he was a minor and more importantly, because it was inequitable. Dattatreya contended that since the partition was inequitable, the same had to be set aside and the properties ought to be partitioned, in which event, he was entitled to half a share in the suit properties by virtue of being the only son of Shivappa and Savithramma.
7. It is their contention that Manappa, who was allotted the bulk of the property i.e., nearly 50% of the entire property, had sold the entire exten
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.