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 u…
Source excerpt
- Partition
- Validity of wills
- Agreement for sale
- Order xxii abatement and substitution
- Section 54 transfer of property act