N. PADMAMMA & ORS. versus S. RAMAKRISHNA REDDY & ORS.

Inam lands granted in favour of a co-heir upon abolition under Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 are partitionable among all legal heirs; suit for partition is maintainable notwithstanding grant of occupancy right to one heir, unless ouster is proved.

Parties: Appellant: N. Padmamma & Ors.; Respondent: S. Ramakrishna Reddy & Ors.
Jurisdiction: India
Judgment Date: 23 September 2014
Procedural Posture: Civil Appeal / Appeal Before Supreme Court
Outcome: Appeal allowed
Legal Topics: Partition, Joint Family Property, Abolition of Inams, Occupancy Rights

Property Law Partition Joint Family Property Abolition of Inams Occupancy Rights

Case Brief

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Full judgment text Legal principles 3 Authorities cited 9 Party arguments 2

Parties

N. Padmamma & Ors.

Appellant

S. Ramakrishna Reddy & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal Before Supreme Court

Legal Issues

1 Is a suit for partition maintainable for division of shares among joint family members when occupancy right was granted to one member under Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955?
2 Are inam lands granted to a co-heir upon abolition under the Act partitionable among other co-heirs?

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Judgment and order of courts below set aside insofar as they hold that inam lands granted under the Act are not partitionable among heirs.
Suit for partition decreed even as regards inam lands, in same ratio as determined by High Court for other properties.