NINGE GOWDA versus LINGE GOWDA AND ORS.

NINGE GOWDA versus LINGE GOWDA AND ORS.

The property was ancestral, partitioned among five brothers including appellant's father before 1936, with further partition between appellant and his brothers. Mutation was effected jointly in 1929-30; no challenge to mutation or partition was raised for decades. High Court wrongly reversed first appellate court’s factual findings; no respondent has the right to interfere with appellant’s possession or title.

Parties
Appellant: Ninge Gowda; Respondent: Linge Gowda and Ors.
Jurisdiction
India
Judgment Date
28 October 1996
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court, Final Disposition by Supreme Court
Outcome
Appeal allowed
Legal Topics
Ancestral Property, Partition Suit, Findings of Fact Under S.100 CPC, Title and Possession, Mutation and Succession
Civil Procedure Property Law Ancestral Property Partition Suit Findings of Fact Under S.100 CPC Title and Possession Mutation and Succession

Case Brief

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Parties

Ninge Gowda

Appellant

Linge Gowda and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court, Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether the property is ancestral or purchased by sale
  2. 2 Whether partition occurred among brothers and plaintiff's father
  3. 3 Whether subsequent mutation and partition confer title to the appellant

Ratio Decidendi

The property was ancestral, partitioned among five brothers including appellant's father before 1936, with further partition between appellant and his brothers. Mutation was effected jointly in 1929-30; no challenge to mutation or partition was raised for decades. High Court wrongly reversed first appellate court’s factual findings; no respondent has the right to interfere with appellant’s possession or title.

Court Disposition

Appeal allowed

Orders

  • Decree of first appellate court restored
  • Decree of High Court set aside