Supreme Court · 2007 INSC 547 · Decided 9 May 2007
Thimmappa Rai v. Ramanna Rai and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 547 · [2007] 6 S.C.R. 283
- Case number
- CIVIL APPEAL No. 7133/2000
- Decided
- 9 May 2007
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act
Headnote
B Partition: Madras Cultivating Tenants Protection Act, 1955- s.2(a)- Grant of occupation right in favour of eldest son of original lessee in respect of C Schedule 'B' property- Other brothers andfather also been in joint possession of properties and having joint residence at all material times- for partition thus maintainable in respect of Schedule 'B' property-Karnataka Land Reforms Act, 1961-s.17. D Propirty belonging to a brother who died intestate without leaving any heir- Finding of fact by courts below that said property devolved upon all the heirs in equal share-Held: Said
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