Supreme Court of India
Somakka (dead) by Lrs v. K.P. Basavaraj (dead) by Lrs
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What the Court ordered
We are of the view that in order to put a quietus to the litigation and relieve the parties from any further harassment, we set aside the judgment of the High Court and confirm the judgment and decree of the Trial Court to the extent it relates to it em no. 3 of Schedule ‘A’ property described in the plaint, i.e. to say that the appellant and the respondent would be entitled to ½ share each in the said property.
Judgment, page 13
From the headnote
Code of Civil Procedure 1908 – s.96 – Or.XLI r.31 – Appellant and respondent are brother and sister – Suit filed by appellant against the respondent inter alia claiming partition and separate possession of one fourth share in properties described as item nos. 1 and 2 (ancestral properties) and one half share in the properties desc ribed in item no. 3 of Schedule ‘ ’ to the plaint, alleged to be sel f-acquired property of their father on the basis of occupancy rights – Suit decreed by Trial Court – Respondent filed appeal, High Court held that the appellant was entitled to one fourth share
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