PAMPATI SATHAMMA (D) TH. LRS. Vs. PAMPAT GANGARAM

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 3549 of 2008, Judgment Date: Feb 11, 2016

                                                              NON-REPORTABLE

                       IN THE SUPREME COURT  OF INDIA
                        CIVIL APPELLATE JURISDICTION


                        CIVIL APPEAL NO. 3549 OF 2008


PAMPATI SATHAMMA (D)TH. LRS.                                   - APPELLANT(S)

                                   VERSUS

PAMPAT GANGARAM                                                 - RESPONDENT

                                    WITH

                        CIVIL APPEAL NO. 3548 OF 2008


                               J U D G M E N T

ANIL R. DAVE,J.


1.   Applications for substitution are allowed.

2.   Heard the learned Counsel for the parties at length.

3.   We have considered the contents of the impugned  Judgment  as  well  as
the inter-se relationship among the parties and in the interest of  justice,
we think it just and proper if the respondent gives 1/3rd of the  properties
in question to all the appellants i.e. the  sister  of  the  respondent  and
legal heirs of the  deceased  sister.  1/3rd  of  the  properties  or  value
thereof shall be given by  the  respondent  to  the  appellants  within  six
months from today.

4.          According to the respondent, at present value  of  the  property
is  approximately Rs 60 lakhs.  However, if the appellants do not  agree  to
the said valuation, it  would  be  open  to   them   to   raise   the   said
contention  in  the appropriate

                                    - 2 -
proceeding before the Trial Court. The Trial Court would determine value  of
the property and pass appropriate order in the execution proceedings.
5.   The impugned judgment of the High Court is set aside  and  the  appeals
are allowed to the above extent with no order as to costs.


                                                      .....................J.
                                                              [ANIL R. DAVE]




                                                      .....................J.
                                                         [ADARSH KUMAR GOEL]
NEW DELHI;
FEBRUARY 11, 2016