Supreme Court of India
Mukkera Venkata Ratnam v. Vantasala China Venkateswarlu
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What the Court ordered
We hold that Nagarjuna supra did not lay down any proposition of law, much less to be a binding precedent.
Judgment, page 26
In brief
The parties are all descendants and relatives of a common ancestor, Mukkera Muthaiah, who died in 1979, and the suit lands lie within a Scheduled Area of the erstwhile State of Andhra Pradesh (now Telangana). His grandsons and their mother sued in 1998-99 for partition and separate possession; the trial court dismissed the suit, finding that a partition had in fact taken place in Muthaiah's lifetime with each branch in separate possession since 1975-76 and paying revenue separately, and also that the suit was barred by limitation, while expressly holding that the civil court had jurisdiction under Section 9 CPC because both sides were non-tribals and no tribal interest was involved.…
Authorities it was built on
- 1982 D.S. Nakara & Others v. Union of India
- 1958 Shri Ram Krishna Dalmia v. Shri Justice S. R. Tendolkar & Others
- 1954 Budhan Choudhry and Others v. The State of Bihar
- 1961 The Commissioner of Income-tax, Madras v. K.t.m.t.m Abdul Kayoom
- 2018 State of Gujarat & Ors. v. Utility Users’ Welfare Association & Ors.
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