AI Overview...
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Manikayala Rao v. Narasimha Swami (AIR 1966 SC 470) - The Supreme Court clarified that a purchaser of a coparcener's undivided interest has the right only to sue for partition of the property; they are not entitled to possession of the purchased interest. The case established that the purchaser's remedy is limited to partition, and possession is not automatically granted. The decision was based on the interpretation of coparcenary rights and the nature of property interests in joint Hindu family law. Deva Ram, S/o Chela Ram (Deceased Through His LRs) VS State Of Rajasthan, To Be Served Through Tehsildar, Revenue - Rajasthan, Ippily Ramamurthy VS Khetra Praja Ratna - Orissa, KHETRA PRAJA RATNA VS IPPLILLI RAJENDRA RAO - Orissa, P. Jagajothi Mudaliar VS Gopalaswami Gounder - Madras, Gnanasubramanian VS Subramaniaya Pillai and Others - Madras, Sigrid Agarwal VS Anjappar Chettinad Restaurant rep. by its Partner - Madras
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Legal Interpretation and Jurisprudence - Multiple references confirm that the ruling in AIR 1966 SC 470 is consistent with other landmark judgments concerning coparcenary rights, adverse possession, and partition. The decision has been cited to clarify legal positions regarding the rights of purchasers in joint family properties and the scope of their remedies. It also influenced subsequent case law, emphasizing that possession is not conferred by mere purchase of a share in a coparcenary interest. LAXMAN DASH VS MADAN MOHAN ROUT - Orissa, PONNAMMA M. C. VS ASPINWAL AND CO. , LIMITED - Karnataka
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Impact and Reversal of Earlier Decisions - Some decisions, such as Ranganayakamma AIR 1964 Orissa 43, were found to be contrary to the principles laid down in AIR 1966 SC 470. The Supreme Court’s decision has been regarded as a authoritative precedent, leading to the reversal or disapproval of earlier, inconsistent judgments. This highlights the case’s importance in clarifying legal doctrine on joint family property rights. LAXMAN DASH VS MADAN MOHAN ROUT - Orissa, P. Jagajothi Mudaliar VS Gopalaswami Gounder - Madras
Analysis and Conclusion:
The case of Manikayala Rao v. Narasimha Swami (AIR 1966 SC 470) is a landmark judgment that delineates the limited rights of a purchaser of a coparcener’s interest, specifically emphasizing that such a purchaser’s remedy is confined to filing a suit for partition rather than claiming possession. The decision has been widely cited and reaffirmed in subsequent case law, shaping the understanding of coparcenary rights and the scope of remedies available to purchasers. It remains a foundational case in Hindu property law, clarifying that ownership rights do not automatically include possession unless explicitly granted or established through other legal means.
Search Results for "Manikayala Rao V"
2023 0 Supreme(Raj) 20 • India - Rajasthan
SANDEEP MEHTA, REKHA BORANA
Manikayala Rao vs. M. ... Manikayala Rao vs. M. ... Manikayala Rao vs. M. Narasimhaswami and Ors.; AIR 1966 SCC 470 and submitted that the only right available to the purchaser of a coparcener's undivided interest is to sue for partition of the property and he is not entitled to possession of what he has purchased. ... Manikayala Rao's (supra) is concerned there is no dispute on the ratio as laid down in the said judgment that only right available to a purchaser of a ....
1965 0 Supreme(SC) 200 • India - Supreme Court
A.K.SARKAR, RAGHUBAR DAYAL, V.RAMASWAMI
Manikayala Rao v. M.
1971 0 Supreme(Ori) 14 • India - Orissa
R.N.MISRA
The court relied on the decision of the Supreme Court in Manikayala Rao v. ... This decision of the Andhra Pradesh High Court was carried in appeal before the Supreme Court and their Lordships in their reported decision in AIR 1966 SC 470 (Manikayala Rao v. Narasimha Swamy) reversed the judgment. Sarkar, J.
1973 0 Supreme(Ori) 66 • India - Orissa
G.K.MISRA, S.K.RAY
It relied on the Supreme Court decision in Manikayala Rao v. ... We agree with the learned Single Judge that AIR 1966 SC 470 (Manikayala Rao v.
1972 0 Supreme(Ori) 204 • India - Orissa
G.K.MISRA
Bhubaneswar Prasad Narain Singh and others AIR 1953 S.C. 487 and Manikayala Rao v. ... Thus, Manikayala Rao v. Narasimha Swamy AIR 1966 S.C. 470 is in line with Sidheswar Mukherjee v. ... Manikayala Rao v. Narasimha Swamya AIR 1966 S.C. 470, related to a case where the question of adverse possession was examined. ... Ranganayakamma AIR 1964 Orissa 43, does not lay down the correct law, as it was contrary to Manikayala Rao v. Narasimha Swamy AIR 1966 ....
1987 0 Supreme(Kar) 265 • India - Karnataka
H.G.BALAKRISHNA, M.S.NESARGI
Borktr (AIR 1959 SC 282), Manikayala Rao v. Narasimheswami (AIR 1966 SC 470), Jadunath v. ... " ... ( 28 ) IT is on the same lines that the supreme Court has again laid down in manikayala Rao v. Narasimheswami (AIR 1966 SC 470 ). ... " ... ( 16 ) A Full Bench consisting of satyanarayana Rao, Panchapagesa Sastri, viswanatha Sastri, Raghava Rao and panchapakesa Ayyar, JJ has, in peramanayakam v.
1967 0 Supreme(Mad) 337 • India - Madras
ALAGIRISWAMI
Ratio Decidendi: The court relied on the decision of the Supreme Court in Manikayala Rao v. ... The view taken in these two decisions is no longer good law in view of the decision of the Supreme Court in Manikayala Rao v. Narasimhaswami, AIR 1966 SC 470.
1967 0 Supreme(Mad) 496 • India - Madras
ISMAIL
Manikayala Rao v. ... Manikayala Rao v.
1998 0 Supreme(Mad) 353 • India - Madras
D.RAJU
The decision in Manikayala Rao, A.I.R. 1966 S.C. 470 required reference particularly of the circumstances also in which it came before the Supreme Court. ... Learned trial Judge while placing reliance upon the decision in Manikayala Rao v. Narasimhaswami, A.I.R. 1966 B.C. 470:(1967)1 S.C.J. 110: (1967)1 M.L.J. (S.C.) 29: (1967)1 An.W.R. ... The decision of the Supreme court in Manikayala Rao, A.I.R. 1966 S.C. 470 consisted of two opinions, one rendered by two learned Judges and the oth....
2006 0 Supreme(Mad) 180 • India - Madras
CHITRA VENKATARAMAN
The learned counsel brought to my attention the decision of the Supreme Court reported in AIR 1966 SC 470 in the case of MANIKAYALA RAO Vs. ... In the light of a decision of this Court referred to above and in the context of the Supreme Court decision, AIR 1966 SC 470 in the case of MANIKAYALA RAO Vs. ... I have gone through the decision of the Supreme Court in AIR 1966 SC 470 the case of MANIKAYALA RAO Vs. NARASIMHASWAMI. ... 9.
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