VidhiSangh

Supreme Court of India · 19/01/2021

VENIGALLA KOTESWARAMMA versus MALEMPATI SURYAMBA & ORS.

[2021] 1 S.C.R. 725 · 2021 INSC 27

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Summary

In a partition suit, defendants relied on a disputed Will and sale agreement. The High Court rejected the Will but upheld the agreement and excluded its property from partition. The Supreme Court restored the trial decree: no separate declaration against the agreement was needed; the defendants’ appeal had become incompetent after abatement against a deceased co-sharer; and the agreement was also untrustworthy on the evidence.

Issues

  1. Whether a partition plaintiff had to seek a separate declaration against a sale agreement introduced by the defendants.
  2. Whether the defendants’ appeal could proceed after a co-sharer respondent died without substitution.
  3. Whether the evidence justified reversing the trial court’s rejection of the alleged sale agreement.

Provisions considered

Held

Result

Appeal allowed; trial decree restored and costs awarded against the contesting respondents.

Judgment PDF: Supreme Court of India, [2021] 1 S.C.R. 725.