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Supreme Court of India 2018-04-27 allowed

A. Dharmalingam (Dead) by LRs vs V. Lalithambal & Ors. etc. etc

Bench: 2 — Uday Umesh Lalit

In Brief

A. Dharmalingam purchased undivided shares in a property from two brothers (Defendant Nos. 1 and 2) through sale deeds in 1975. He sued for a declaration of his ownership share and partition. The trial court awarded him half the property, but the appellate court reduced this because the four sons of Defendant No. 1 were not party to the suit. The High Court confirmed the lower appellate court's decision. The Supreme Court agreed with the lower courts' reasoning but corrected a computational error: Dharmalingam's actual entitlement was 7/24 (not 5/24) of the property. The appeals were allowed with this correction.

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Property Law Partition Sale of Immovable Property Declaration Injunction Succession

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