चिमनलाल जगजीवनदास बनाम श्रीचंद केशरीचंद
| Citation | AIR 2006 SC 3284 |
| Court | Supreme Court of India |
| Date | 2 October 2006 |
| Year | 2006 |
| Bench | S.B. Sinha, Markandey Katju JJ. |
| Acts/Articles | CPC Order XX Rule 18, Partition Act 1893 |
| Category | Property & Land Law |
Key Principle Established
In suit for partition, the court considers both the shares of the parties and the equities. The plaintiff in a partition suit is not entitled to specific portion but to his share in the totality of property.
A partition suit where the parties disputed the mode and manner of division of joint property.
The Court held that in a partition suit, the court must effect division in the fairest manner possible. The plaintiff is entitled to his proportionate share in the entirety of the property, not to any specific portion. If physical division is not possible without destroying the value, the court may order sale and division of proceeds.
This judgment provides the framework for partition proceedings, particularly regarding how courts should effect equitable division of property.
(1999) 2 SCC 4
Mutation in revenue records does not confer title. It is merely a fiscal record for revenue collection purposes. Title can…
Read Analysis(2020) 9 SCC 1
Daughters have equal coparcenary rights by birth under the Hindu Succession (Amendment) Act, 2005 — irrespective of whether the father…
Read Analysis2010 SCC OnLine P&H 8312
Shamlat deh (village common land) cannot be sold, transferred, or encroached upon. Panchayat has duty to protect common land for…
Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.