Supreme Court · 2008 INSC 720 · Decided 16 May 2008
N. Padmamma and Others v. S. Ramakrishna Reddy and Others
- Court
- Supreme Court of India
- Citation
- 2008 INSC 720 · [2008] 9 S.C.R. 535
- Case number
- CIVIL APPEAL No. 3632/2008
- Decided
- 16 May 2008
- Bench
- S.B. SINHA, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Matter referred to larger bench
- Case type
- Civil
- Acts & sections cited
- Constitution Article 300A; Hindu Succession Act; Succession Act
Headnote
•• Jurisdiction - Jurisdiction of civil court to entertain parti- tion suit - In respect of property, the occupancy right whereof had been granted under Abolition of lnams Act in favour of c one of the members of joint family- Held: When the occu- pancy right is granted in the name of it enures to the benefit of entire family and hence is partible - Right to property being a human as well as constitu- tional right cannot be taken away except in accordance with D ~ law - The Act contemplates only divesting of rights of an lnamdar and does not contemplate cessation of a
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