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by Admin
07 May 2024 2:49 AM
New Delhi, August 28, 2023 - In a landmark judgement, the Supreme Court of India has upheld the decisions of the Trial Court, First Appellate Court, and the High Court in a civil appeal for property partition and mesne profit. The bench, consisting of Justices C.T. RAVIKUMAR and SUDHANSHU DHULIA, stated, "We do not find any special circumstances here which may warrant our interference."
The appellants had filed a suit way back in 1988, claiming ancestral rights over certain properties. The Trial Court had dismissed the suit, stating that the land in question is agricultural, and therefore, the plaintiffs cannot claim any right over it. This decision was upheld by both the First Appellate Court and the High Court.
The parties involved belong to the "Thiyyas" community of Kozhikode, Kerala, and are governed by Hindu Mitakshara law. According to this law, ancestral property devolves only on male children, while daughters have a right to maintenance until marriage.
The appellants argued that the Hindu Succession Act, 1956, specifically Section 14(1), should apply to their case. However, the Supreme Court observed, "The essential ingredient for the application of this section is possession, which the plaintiffs never had."
Furthermore, the appellants contested the classification of the land as agricultural. They argued that the presence of coconut trees does not necessarily make it so. However, the Court found that "the land was indeed an agricultural land," based on overwhelming evidence and revenue records.
Another significant point was the Trial Court's finding of adverse possession in favor of the defendants, which was not challenged by the plaintiffs in the First Appellate Court. The Supreme Court noted, "Even if we keep the nature of the land aside for a while, the present appeal is liable to be dismissed on this ground alone."
The judgement reaffirms the importance of possession and the specific laws governing different communities in property disputes. It also emphasizes the need for "exceptional and special circumstances" for the Supreme Court to interfere in decisions made by lower courts.
Date of Decision: AUGUST 28, 2023
SIVADASAN (DEAD) THROUGH LRs. & ORS vs A. SOUDAMINI (DEAD) THROUGH LRs. & ORS.
