VidhiSangh

Supreme Court of India · 02/03/2020

SAJAN SETHI versus RAJAN SETHI

[2020] 3 S.C.R. 1082 · 2020 INSC 249

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Summary

The Supreme Court upheld the High Court’s partition directions and rejection of the appellant’s claim to use the front driveway. Although the plaint concerned the second floor and terrace, the appellant himself raised the common-area dispute, which was tried on a specific issue. The property’s separate side-lane access and the will supported the directions, while access to shared water pipes and the booster pump remained protected. The appeals were dismissed.

Issues

  1. Whether adjudication of common-area rights exceeded the suit’s scope after the defendant raised that dispute.
  2. Whether the partition and access directions were supported by the will and property layout.

Held

Result

Appeals dismissed; High Court’s partition and access directions upheld. No costs.

Judgment PDF: Supreme Court of India, [2020] 3 S.C.R. 1082.