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Dastagirsab vs Sharanappa @ Shivasharanappa Police Patil (D) by LRs. & Ors.

Not available · 2025 INSC 1120Decided 16 Sept 2025
Not available
Justice Sandeep Mehta · Justice Joymalya Bagchi

Background

The plaintiff sued for partition of family land in Gulbarga, Karnataka, claiming it belonged to a Hindu Undivided Family of which his father was the head (karta). He alleged that his father, who was allegedly addicted to alcohol and had wayward habits, sold parcels of the family land without any real family necessity, including the suit land to the 5th defendant. The trial court dismissed the suit, holding the sale was valid and made for legal necessity, but the Karnataka High Court reversed this and decreed partition in the plaintiff's favour.

Decision Breakdown

The Supreme Court held that the High Court erred in overturning the trial court's factual findings. It found there was sufficient evidence (including mutation records and long, undisputed possession by the buyer (5th defendant)) showing the sale was made for legal necessity and that the buyer was a bona fide purchaser for value. The Court was also critical of the plaintiff's five-year delay in challenging the sale and of the High Court inventing an unpleaded explanation (that the plaintiff was working elsewhere) for that delay. The Supreme Court set aside the High Court's judgment and restored the trial court's dismissal of the suit, allowing the appeal.

Lesson Learnt

A sale by the head of a joint Hindu family can be upheld as valid if made for genuine family necessity and to a buyer who acted in good faith with due diligence. Courts will not lightly disturb such transactions, especially where the challenger delays for years without adequate explanation.

Official source (sci.gov.in)View Judgment (PDF)

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