Supreme Court · 2016 INSC 494 · Decided 5 July 2016
Subraya M.N. v. Vittala M.N. & ORS.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 494 · [2016] 5 S.C.R. 924
- Case number
- CIVIL APPEAL No. 5805/2016
- Decided
- 5 July 2016
- Bench
- KURIAN JOSEPH, R. BANUMATHI (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 91; Constitution Article 136; Transfer of Property Act; Registration Act Section 17, 49
Headnote
Partition - Suit by plaintiffs (brothers of the defendant) - For partition of suit schedule property at Item Nos. 1,2 and 3 which was ioint family property - Alleging that the defendant was attempting to grab the suit properties - In the Written Statement defendant stated that Plaintiff Nos. 1 and to the defendant and the plaintiff Nos. 3 and 4 had also relinquished their rights in the Item Nos. 1 and 2 and the same was recorded in Panchayat Resolution (Exb. D22); that Item No. 3 was his self-acquired property and thus plaintiffs were not entitled to partition - During trial,
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