VENIGALLA KOTESWARAMMA versus MALEMPATI SURYAMBA & ORS.

VENIGALLA KOTESWARAMMA versus MALEMPATI SURYAMBA & ORS.

The Supreme Court held that (1) a partition suit was maintainable without a separate declaratory relief against an alleged agreement for sale because an agreement for sale does not itself create a title or interest (s.54 TPA); (2) the appeal by defendants 16–18 in the High Court (AS No.1887 of 1988) abated as against deceased defendant 2 for want of substitution of his legal representatives, rendering that appeal incompetent to proceed against the surviving respondents and making the High Court's validation of Ex. B-10 unsustainable; and (3) on merits, the Trial Court rightly found Ex. B-10 unreliable and the High Court erred in reversing that finding, so the Trial Court decree is restored.

Parties
Plaintiff Appellant: Venigalla Koteswaramma; Respondent: Malempati Suryamba
Jurisdiction
India
Judgment Date
19 January 2021
Procedural Posture
Civil Appeal / Judgment on Appeal to Supreme Court
Outcome
Appeal allowed
Legal Topics
Partition, Validity of Wills, Agreement for Sale, Order XXII Abatement and Substitution, Section 54 Transfer of Property Act
Property Law Civil Procedure Succession/wills Partition Validity of Wills Agreement for Sale Order XXII Abatement and Substitution Section 54 Transfer of Property Act

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Parties

Venigalla Koteswaramma

Plaintiff Appellant

Malempati Suryamba

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal to Supreme Court

Legal Issues

  1. 1 Whether the suit for partition was maintainable without a separate declaration against the alleged agreement for sale (Ex. B-10)
  2. 2 Effect of non-substitution of legal representatives of a deceased respondent (defendant 2) during pendency of the High Court appeal
  3. 3 Whether the High Court was justified in reversing the Trial Court and holding that the alleged agreement for sale (Ex. B-10) was valid and binding

Ratio Decidendi

The Supreme Court held that (1) a partition suit was maintainable without a separate declaratory relief against an alleged agreement for sale because an agreement for sale does not itself create a title or interest (s.54 TPA); (2) the appeal by defendants 16–18 in the High Court (AS No.1887 of 1988) abated as against deceased defendant 2 for want of substitution of his legal representatives, rendering that appeal incompetent to proceed against the surviving respondents and making the High Court's validation of Ex. B-10 unsustainable; and (3) on merits, the Trial Court rightly found Ex. B-10 unreliable and the High Court erred in reversing that finding, so the Trial Court decree is restored.

Court Disposition

Appeal allowed

Orders

  • The High Court appeal filed by defendants 16 to 18 (AS No. 1887 of 1988) is dismissed as incompetent for having abated against defendant 2 due to non-substitution of his legal representatives.
  • The impugned portion of the High Court judgment holding the agreement for sale (Ex. B-10) to be valid and excluding Item No.1 of A-Schedule from partition is reversed; the Trial Court decree dated 29.04.1988 is restored.