SELVI versus GOPALAKRISHNAN NAIR (D) THR. LRS. AND ORS.

SELVI versus GOPALAKRISHNAN NAIR (D) THR. LRS. AND ORS.

The trial court failed to conduct an enquiry and allow the parties to adduce evidence regarding the respondent’s claim to Survey No.988. The matter requires fresh examination to ascertain the proper boundaries and entitlement. Judgments of High Court and lower courts are set aside and matter remitted to trial court for decision afresh.

Parties
Appellant/plaintiff: Selvi; Respondent/defendant: Gopalakrishnan Nair (D) through LRs and Others
Jurisdiction
India
Judgment Date
15 May 2018
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment in Second Appeal
Outcome
Appeal allowed
Legal Topics
Mortgage Redemption, Partition, Preliminary and Final Decrees, Exclusion of Property From Partition
Property Law Civil Procedure Mortgage Redemption Partition Preliminary and Final Decrees Exclusion of Property From Partition

Case Brief

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Parties

Selvi

Appellant/plaintiff

Gopalakrishnan Nair (D) through LRs and Others

Respondent/defendant

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment in Second Appeal

Legal Issues

  1. 1 Whether Survey No.988 should be excluded from the suit property to be partitioned and redeemed
  2. 2 Whether the trial court ought to have held an enquiry regarding the respondent's claim to Survey No.988
  3. 3 Applicability of Section 97, Code of Civil Procedure, 1908

Ratio Decidendi

The trial court failed to conduct an enquiry and allow the parties to adduce evidence regarding the respondent’s claim to Survey No.988. The matter requires fresh examination to ascertain the proper boundaries and entitlement. Judgments of High Court and lower courts are set aside and matter remitted to trial court for decision afresh.

Court Disposition

Appeal allowed

Orders

  • Set aside judgments of High Court and courts below.
  • Remit matter to trial court for fresh adjudication of final decree application.