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Supreme Court of India 2017-12-12 partly_allowed

S. Esabella vs C. Thankarajan

Bench: 2 — Kurian

In Brief

The appellant and respondent were co-owners of land that a court ordered to be partitioned. Because one portion—a narrow 6-foot pathway—could not practically be divided, the High Court permitted the respondent to buy out the appellant's share for Rs. 50,000. The appellant challenged this decision without first objecting to the earlier order directing partition. The Supreme Court held that the High Court could modify the partition method at the final decree stage under the Partition Act when partition by metes and bounds became impractical. However, the Court found Rs. 50,000 inadequate and ordered the respondent to pay an additional Rs. 1,00,000, making the total Rs. 1,50,000.

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Partition Property Law Civil Procedure Partition Act 1893 Final Decree

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