VINODAN versus VISHWANATHAN

VINODAN versus VISHWANATHAN

Given prolonged litigation between co-owning brothers, and in the interest of equity and family peace, the Supreme Court held it just to direct the respondent to pay Rs.5,50,000/- to the appellant in lieu of his share, directing the appellant to vacate the building after receiving payment and transfer vacant possession to the respondent.

Parties
Appellant: Vinodan; Respondent: Vishwanathan
Jurisdiction
India
Judgment Date
12 February 2009
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court Decision
Outcome
Appeal disposed of
Legal Topics
Partition, Joint Ownership, Mesne Profits, Equitable Relief
Property Law Partition Joint Ownership Mesne Profits Equitable Relief

Case Brief

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Parties

Vinodan

Appellant

Vishwanathan

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the plaintiff/appellant is entitled to partition of the building constructed on joint land
  2. 2 Whether the plaintiff/appellant is entitled to mesne profits
  3. 3 Whether the claim for share in construction cost should be allowed in lieu of partition

Ratio Decidendi

Given prolonged litigation between co-owning brothers, and in the interest of equity and family peace, the Supreme Court held it just to direct the respondent to pay Rs.5,50,000/- to the appellant in lieu of his share, directing the appellant to vacate the building after receiving payment and transfer vacant possession to the respondent.

Court Disposition

Appeal disposed of

Orders

  • Respondent to pay Rs.5,50,000/- to appellant within four months.
  • Appellant to vacate and hand over peaceful and vacant possession within one year from receipt of payment.