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A. BADHARUDEEN
A. C. Gurudath, S/O. Andi Chandrasekharan – Appellant
Versus
Kalpana Venugopal, W/O. Venugopal – Respondent
JUDGMENT :
A. Badharudeen, J.
4th defendant in O.S.No.153/2009 on the files of the Sub Court, Alappuzha, has preferred this appeal under Section 96 r/w Order XLI Rule 1 of the Code of Civil Procedure, 1908, challenging the decree and judgment in the above case, dated 30.6.2011.
2. Heard the learned counsel for the appellant and the learned counsel appearing for the 1st respondent.
3. I shall refer the parties in this appeal as ‘plaintiff’ and ‘defendants’ with reference to their status before the trial court, hereafter.
4. The case of the plaintiff before the trial court was that the plaint schedule properties originally belonged to one Andi Chandrasekharan, the father of the plaintiff and defendants 1 to 4. Now, he died intestate, and therefore, properties are liable to be partitioned, and thereby, the plaintiff and defendants are entitled to get 1/5th share each in the plaint schedule property.
5. Defendants 1 to 4 filed joint written statement raising contention that the plaint schedule property is not partible, since due share was given to the plaintiff already. The further contention raised by the defendants 1 to 4 was that, A.C.Thankaraj is another son of Andi Chandrasekharan. Thou
A party in a civil suit cannot raise new contentions in an appeal that contradict their earlier pleadings and must adhere to the evidence presented.
The court upheld the preliminary decree for partition while limiting the shares of certain defendants, emphasizing the need for resolution of the plaintiff's share before final decree.
A joint family property remains so despite claims of prior partition; a coparcener retains rights to inheritance under the Hindu Succession Act.
In partition suits, the burden of proof lies on the party claiming properties as joint family properties, not the plaintiff, who asserts they are separate.
Joint family properties are to be shared equally among heirs, with issues of loans and expenses addressed in final decree proceedings.
Amendment to the Hindu Succession Act grants daughters equal rights to inheritance in coparcenary properties, which necessitates modification of prior partition decrees that fail to account for such ....
A suit for partition may be maintainable without including all properties, and claims of prior arrangements need substantial evidence to be valid.
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