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    <title>2014 (8) TMI 1220 - Supreme Court</title>
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    <description>Properties traced to Valli were treated as Streedhana, but the daughters and heirs of the predeceased son still failed to secure partition because the defendants established long, open and exclusive possession amounting to adverse possession and ouster. The Court held that such possession, maintained beyond the limitation period with ownership asserted and no effective assertion of joint rights by the claimants, extinguished the rival claim. The alleged Kudivaippu custom excluding daughters was not proved, yet that did not displace the limitation finding. The decree for partition based on the 1953 partition deed and the claims of plaintiffs 2 to 4 was therefore unsustainable, and the trial court&#039;s dismissal stood restored.</description>
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    <pubDate>Thu, 28 Aug 2014 00:00:00 +0530</pubDate>
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      <title>2014 (8) TMI 1220 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=300091</link>
      <description>Properties traced to Valli were treated as Streedhana, but the daughters and heirs of the predeceased son still failed to secure partition because the defendants established long, open and exclusive possession amounting to adverse possession and ouster. The Court held that such possession, maintained beyond the limitation period with ownership asserted and no effective assertion of joint rights by the claimants, extinguished the rival claim. The alleged Kudivaippu custom excluding daughters was not proved, yet that did not displace the limitation finding. The decree for partition based on the 1953 partition deed and the claims of plaintiffs 2 to 4 was therefore unsustainable, and the trial court&#039;s dismissal stood restored.</description>
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      <pubDate>Thu, 28 Aug 2014 00:00:00 +0530</pubDate>
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