L. Ponnayal @ Lakshmi Karuppannan (Dead) – Appellant
Versus
Karuppannan (Dead) Thr. L. R. Sengoda Gounder – Respondent
What is the effect of a partition deed on subsequent rights to partition and transfer of property? What is the impact of a compromise decree and delayed SLP/appeal on challenging earlier sale or settlement deeds? What are the consequences of a party relying on documents not plead or framed as issues in the suit?
Key Points: - The judgment holds that civil suits are decided on pleadings and framed issues; parties cannot travel beyond pleadings. (!) - It holds that a person cannot claim rights under a registered partition deed while also challenging that partition, and that a settlement by a progenitor in favor of a grandchild can be binding. (!) (!) - It upholds that failure to comply with a compromise decree conditions can bar later challenges to related sale/transfer deeds. (!) (!) - It notes that in-person litigants may be required to use language assistance and that delays in filing SLPs can be condoned at the court’s discretion. (!) - The High Court’s findings on adverse possession and the binding effect of partition and settlement deeds were not interfered with. (!) (!) (!)
JUDGMENT
L. NAGESWARA RAO, J.
Leave granted.
1. The Appellant and her mother filed a Civil Suit for Partition and separate possession which was dismissed by the Subordinate Judge, Sankagiri. The High Court affirmed the judgment and decree of trial court. The Appellant filed a Review Application which was rejected by the High Court. Aggrieved by the judgment of the High Court in the first Appeal and the Review Application, the Appellant has approached this Court.
2. On 15th November, 2016, a request was made by the Appellant to discharge A. Lakshminarayanan, the learned Advocate-on-Record who filed the above Appeals. The said Advocate-on-Record was discharged and the matter was listed for further hearing. After several adjournments, notice was issued on 28th March, 2017 after condoning the delay of 2088 days in filing the Special Leave Petition against the judgment in first Appeal and 1405 days in filing the Special Leave Petition from the judgment in Review Application. As the Appellant in-person was conversant only in Tamil language, we requested Mrs. V. Mohna, Ld. Senior Advocate to appear for the Appellant in-person. Later, Mrs. V. Mohna, Ld. Senior Advocate informed us that the
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