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Supreme Court of India 2016-08-05 partly_allowed

Girish vs Nandkumar

Bench: 2 — Kurian

In Brief

The Supreme Court upheld that property shares must be formally identified through a preliminary decree before eviction proceedings can proceed. The appellant sought to block his landlord's eviction action until his 3/7th share was properly identified. The Court granted the appeal in part, directing the trial court to appoint a Court Commissioner to complete the share identification process within two months, and suspended eviction proceedings against the appellant until this was done. The decision clarifies that property partition and identification must precede derivative proceedings like eviction.

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Property Law Partition Eviction Preliminary Decree Final Decree Article 136

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