Supreme Court · 2009 INSC 1143 · Decided 16 September 2009
Gajara Vishnu Gosavi v. Prakash Nanasahed Kamble & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1143 · [2009] 14 S.C.R. 569
- Case number
- CIVIL APPEAL No. 1292/2002
- Decided
- 16 September 2009
- Bench
- DALVEER BHANDARI, B.S. CHAUHAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
TRANSFER OF PROPERTY: Property in joint and common possession - Partition not C, effected - A part of the property sold by heir of one or the co- parceners - Purchaser filing suit for possession - Suit dismissed - Held: In a given case an undivided share of a subject matter of sale/transfer, but possession cannot be handed over to the vendee unless the D1 property is partitioned by metes and bounds, either by the decree of a court in a partition suit, or by settlement among the co-sharers - In the instant case, all the three courts below have
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