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Supreme Court of India 2022-07-13 dismissed

Sarju Mishra (D) Thr. Lrs. & Ors vs Jangi (D) Thr. Lrs. & Ors

Bench: 2 — V. Ramasubramanian

In Brief

The Supreme Court dismissed an appeal challenging the Consolidation authorities' decision in a century-old family partition dispute. In 1929, three brothers (Sita Ram, Ramesar, and Jagesar) had their property partitioned equally, each receiving a 1/3 share. After both Sita Ram and Ramesar died without clear evidence of who died first, the Jagesar branch claimed Sita Ram's share by survivorship (claiming 2/3), while the Ramesar branch disputed this. The Court upheld the Deputy Director of Consolidation's distribution of the disputed share equally between both branches, finding that the question of who died first was not decided in the original partition suit and could not be resolved without evidence of death dates. The Court held the Consolidation authorities did not exceed their jurisdiction.",

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Consolidation of Holdings Partition Succession Land Law Procedural Law

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