VidhiSangh

Supreme Court of India · 25/04/2017

BAPUSAHEB CHIMASAHEB NAIK-NIMBALKAR (DEAD THROUGH LRS.) & ANR. versus MAHESH VIJAYSINHA RAJEBHOSALE & ORS.

[2017] 3 S.C.R. 387 · 2017 INSC 393

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The partition suit was barred by neither limitation nor Order II Rule 2. Article 65 Explanation (b) did not start limitation at the death of a woman through whom title was inherited as full owner. Adverse possession or ouster was not proved, and the earlier declaration suit rested on a different cause of action concerning other property.

Issues

  1. Whether Article 65 Explanation (b) barred the heirs’ partition claim.
  2. Whether omission of this property from the earlier suit attracted Order II Rule 2.

Provisions considered

Held

Result

Appeal dismissed; appellants to pay Rs.25,000 costs to the Supreme Court Bar Association Welfare Trust within two months.

Judgment PDF: Supreme Court of India, [2017] 3 S.C.R. 387.