Vasudeva Pai H. (Dead) By Lrs. v. Kamarunnisa

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 Supreme(Online)(SC) 28

SUPREME COURT
string, J
Vasudeva Pai H. (Dead) By Lrs. v. Kamarunnisa

Advocates:
For the Appellants/Petitioners: Shri S. N. Bhat

Table of Content
1. overview of appeal and property details. (Para 1 , 2)
2. arguments against joint family assumption. (Para 3 , 4 , 5)
3. court's observations on prior rulings. (Para 6 , 7 , 8)
4. affirmation of trial court's decision. (Para 9)
5. final ruling on the appeal. (Para 10 , 11)

1. The appellant impugns the judgment of the High Court of Karnataka rendered in a second appeal.

2. The brief facts necessary to dispose of this appeal are as under:
On 11-11-1975 certain property comprising land admeasuring 15 cents was purchased by one Abbas along with the appellant and two of his brothers ("the Pai brothers"). There was a partition effected between Abbas and the Pai brothers as a result of which Abbas got 7 cents of the said property and the Pai brothers retained with them 8 cents of property comprising a party - built dwelling house with land appurtenant thereto. On 20-12-1980 two of the Pai brothers sold and transferred their 2/3rd share in the said property to the respondent Smt Kamarunnisa. The respondent thereafter filed a suit for partition and possession of the property purchased by her. A preliminary decree was rendered by the civil court. At the time of the final decree pr