Supreme Court · 2003 INSC 541 · Decided 13 October 2003

Azeez Sait 'dead' BY L.RS. and ORS. v. Aman Bai and ORS.

Court
Supreme Court of India
Citation
2003 INSC 541 · [2003] SUPP. 4 S.C.R. 638
Case number
CIVIL APPEAL No. 3496/1996
Decided
13 October 2003
Bench
ASHOK BHAN, AR. LAKSHMANAN (2-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

Partition-Partition deed executed between two brothers-Challenged as being sham, nominal and never acted upon by one brother after 58 years after death of other brother-Brothers continuing business jointly and C staying together even after partition-Parties in exclusive possession and occupation with them as independent owners and not as joint owners-Held, partition deed is complete, valid and effective and there is valid Partition. D E Practice and procedure-Jmpleadment-Death of appellant pending appeal-Legal heirs impleaded-F ailure of one of the legal heirs to engage

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