Supreme Court · 1982 INSC 91 · Decided 3 December 1982
Khemchand Shankar Choudhary and Another v. Vishnu Hari Patil and Others
- Court
- Supreme Court of India
- Citation
- 1982 INSC 91 · [1983] 1 S.C.R. 898
- Case number
- CIVIL APPEAL No. 3759/1982
- Decided
- 3 December 1982
- Bench
- S. MURTAZA FAZAL ALI, E.S. VENKATARAMIAH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 54; Transfer of Property Act Section 52
Headnote
Code of Civil Procedure, Section'54, Scope of-"In accordance with the law (I/ any) for the time being in force relating to the partition.or the separate possession of shares", meaning of-Whether the transftreeJ 11pendente lite" for partition of parts of an estate assessed to payment locus standi to appear before the Revenue authorities-Transfer of Proflerty Act, Sectlo!J 52 read with Rule Jq of Order XX/I Civil Procedure Code. One ~atu, in his suit filed· in 1940- against his nephew Laxman for partition of the joint family propertY and for separate possession of bis
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