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Supreme Court of India 2024-07-23 allowed

RAJINDER KAUR (DECEASED)THROUGH LEGAL HEIR USHA vs GURBHAJAN KAUR (DECEASED)

Bench: 2 — C.T. Ravikumar, Rajesh Bindal

In Brief

A partition suit involving 11 co-owners of a Chandigarh property, pending for two decades, raised the question of whether co-sharers in possession must render accounts for the property during partition proceedings. The Supreme Court held that co-sharers must render accounts and pay assessed rent for portions in their possession—whether self-occupied, used for business, or rented out—and that purchasers of shares during the suit are equally liable. The court set aside the High Court's blanket exemption for two co-sharers (16% ownership) and directed the trial court to determine actual possession versus entitlement and expedite final decree proceedings within nine months.

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Partition of Property Co-sharers' Liabilities Rendition of Accounts Mesne Profits Civil Procedure Property Law

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