VidhiSangh

Supreme Court of India · 05/04/2019

RAMALINGESWARA RAO (DEAD) THR. LRS. & ANR. versus N. MADHAVA RAO & ORS.

[2019] 6 S.C.R. 472 · 2019 INSC 469

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Summary

The Supreme Court restored concurrent dismissal of a perpetual-injunction suit concerning undivided co-owned land. The plaintiffs had not proved exclusive possession, while the defendants had purchased from another co-sharer and stepped into that vendor’s position. The High Court improperly reversed supported factual findings in second appeal without identifying perversity or conflict with law, pleadings or evidence.

Issues

  1. Whether the High Court could disturb the concurrent factual findings.
  2. Whether the plaintiffs established a basis to exclude purchasers from another co-sharer.

Held

Result

Appeal allowed. High Court decree set aside; trial and first appellate decrees dismissing the plaintiffs’ suit restored.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 472.