Supreme Court Allows Conditional Construction in Family Property Dispute

The Supreme Court of India has ruled on a property dispute case between family members, permitting the respondents to proceed with the construction of an educational institution on disputed land under strict conditions. The case involved a family partition suit, where the appellant, K.M. Pratap, challenged the construction initiated by the respondents, K.M. Gourish and another.

Background of the Case

The dispute originated in a civil suit (O.S.No. 1000 of 2014) before the XVI Additional District & Sessions Judge, Malkajgiri, Ranga Reddy District, Telangana. The appellant contended that the respondents had started construction on a property that was yet to be legally partitioned among the family members. The main concerns raised by the appellant were:

• The respondents were proceeding with construction despite the property not being divided by metes and bounds.
• If construction was allowed to continue, it would complicate the partition process.
• Allowing construction would create obstacles in determining rightful ownership.

High Court’s Ruling

The High Court of Judicature at Hyderabad had allowed the respondents to proceed with the construction, subject to the following conditions:

• The respondents undertook that if the property was later found to belong to the appellant, they would demolish the construction at their own cost.
• The respondents would not claim any equity in respect of the completed structure.
• No alienation of the property would take place without court permission.

Supreme Court’s Observations

The Supreme Court examined the concerns raised by the appellant and issued an interim stay on construction on November 25, 2016. The Court later heard the matter in detail and issued the following directions:

• “The respondents shall not create any third-party rights in respect of the construction now being undertaken without express permission from the Trial Court.”
• “The building shall not be used for any purpose, even after completion, without express permission from the Trial Court.”
• “If it is ultimately found that the property does not belong to the respondents, they shall not be entitled to claim any equity in respect of the construction and shall remove it at their own cost.”

Final Judgment

• The Supreme Court vacated its interim stay order and allowed construction to proceed under the stated conditions.
• The Court directed the Trial Court to ensure expeditious disposal of the partition suit.
• Both parties were urged to cooperate to avoid further delays.
• The appeal was disposed of with no order as to costs.

Conclusion

This ruling emphasizes that while construction disputes in partition suits can be allowed in certain cases, the rights of all parties must be safeguarded through strict legal conditions. The Supreme Court’s decision ensures that construction does not impact the partition proceedings while protecting the interests of both sides.

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Download Judgment: K.M. Pratap vs K.M. Gourish & Anr. Supreme Court of India Judgment Dated 20-01-2017.pdf