K. JAYADEVAN NAIR versus KRISHNA PILLAI (DEAD) AND ORS.

K. JAYADEVAN NAIR versus KRISHNA PILLAI (DEAD) AND ORS.

While the High Court found no family arrangement, the Supreme Court held there appeared to have been some arrangement, as evidenced by the appellant's possession and management. Therefore, in the interests of justice, the appellant should retain one-third of the property and surrender the remaining two-thirds to the...

Source-derived case information.

Parties
Appellant: K. Jayadevan Nair; Respondents: Krishna Pillai (dead) and others
Jurisdiction
India
Judgment Date
22 March 1996
Procedural Posture
Civil Appeal / Decision on Appeal
Outcome
appeal allowed
Legal Topics
Family Arrangement, Partition, Self Acquired Property, Property Management
Hindu Law Family Arrangement Partition Self Acquired Property Property Management

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Parties

K. Jayadevan Nair

Appellant

Krishna Pillai (dead) and others

Respondents

Procedural Posture

Civil Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether there was a family arrangement among the members entitling the appellant to partition and allotment of his share

Ratio Decidendi

While the High Court found no family arrangement, the Supreme Court held there appeared to have been some arrangement, as evidenced by the appellant's possession and management. Therefore, in the interests of justice, the appellant should retain one-third of the property and surrender the remaining two-thirds to the contesting respondents, who are subsequent purchasers from other family members.

Court Disposition

appeal allowed

Orders

  • Appellant to retain 1/3rd of the property and surrender remaining 2/3rd to contesting respondents
  • Appellant to return 1/3rd of consideration paid by respondents to other members in respective sale deeds