K.M. SRINIVASAN versus K.M. ARUMUGHAM

K.M. SRINIVASAN versus K.M. ARUMUGHAM

The property must be repartitioned so that both brothers enjoy equal shares, based on the partition deed and physical situation. Previous court judgments are set aside and Advocate Commissioner will work out equitable division.

Source-derived case information.

Parties
Appellant: K.M. Srinivasan; Respondent: K.M. Arumugham
Jurisdiction
India
Judgment Date
25 October 1996
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Madras High Court
Outcome
Appeal allowed
Legal Topics
Partition of Property, Inheritance, Equal Shares, Execution of Partition Deed
Property Law Partition of Property Inheritance Equal Shares Execution of Partition Deed

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Parties

K.M. Srinivasan

Appellant

K.M. Arumugham

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Madras High Court

Legal Issues

  1. 1 Manner of enjoyment of property in equal shares by brothers
  2. 2 Correct interpretation of partition deed allotments

Ratio Decidendi

The property must be repartitioned so that both brothers enjoy equal shares, based on the partition deed and physical situation. Previous court judgments are set aside and Advocate Commissioner will work out equitable division.

Court Disposition

Appeal allowed

Orders

  • Judgments and decrees of High Court, appellate Court, and trial Court set aside
  • Trial Court to appoint Advocate Commissioner to inspect and execute partition to ensure equal enjoyment by both parties