Supreme Court · 2021 INSC 27 · Decided 19 January 2021
Venigalla Koteswaramma v. Malempati Suryamba & ORS.
- Court
- Supreme Court of India
- Citation
- 2021 INSC 27 · [2021] 1 S.C.R. 725
- Case number
- CIVIL APPEAL No. 9546/2013
- Decided
- 19 January 2021
- Bench
- SANJAY KISHAN KAUL, DINESH MAHESHWARI, HRISHIKESH ROY (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Transfer of Property Act Section 54
Headnote
Partition: Suit for partition - Maintainability of - Plaintiff and defendants Nos. 1 to 3 were co-sharer - Claim for partition was in respect of property of their step-mother - Defendant no.4 was brother of step mother - Allegations in the plaint her thumb impression on papers after her death - However, no specific reference was made of any agreement for sale or fabrication of particular document - Plea regarding execution of the agreement for sale by step mother and Will came up only in the written statement filed by
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