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2020 Supreme(Mad) 397

R.SUBBIAH, R.PONGIAPPAN
Rajendran – Appellant
Versus
R. V. Saravanan – Respondent


Advocates Appeared:
For the Appellants:T.S. Baskaran, Advocate. For the Respondent:R. Natarajan, Advocate.

Judgement Key Points

I am unable to provide the document in PDF format, as it has been supplied in text form only. The full content appears to be a scraped or extracted version of a Madras High Court judgment (Appeal Suit No. 550 of 2018, decided on 04-06-2020), including header notices and tagged sections. (!) (!) (!)

For your convenience, here is a structured overview of the document's key elements:

Case Details: - Parties: Rajendran & Others (Appellants/Plaintiffs) vs. R.V. Saravanan (Respondent/Defendant). - Court: High Court of Judicature at Madras (R. Subbiah, R. Pongiappan, JJ.). - Relief Sought: Partition of 8 Mahs 15 Kuzhis out of 108 Mahs 15 Kuzhis in O.S. No. 340, Varichikudi South Village, plus mesne profits. (!) (!) (!)

Plaintiffs' Claims: - Great-grandfather Ponnusamy Padayachi purchased 8 Mahs 15 Kuzhis via sale deed dated 18.04.1931 (Ex.A-3); partial possession due to encroachment. - Partition among sons in 1940 (Ex.A-2) allotted it to grandfather Ramalinga Padayachi. - Will (Ex.A-11) and Codicil (Ex.A-10) bequeathed to father Nataraja Padayachi; plaintiffs as heirs. - Alleged mingling with defendant's adjacent property; suit filed after defendant began alienating plots. (!) (!) (!) (!)

Defendant's Defenses: - Plaintiffs are strangers; no co-ownership or joint title. - Suit property already sold by Ramalinga Padayachi to Govindasamy Chettiar on 04.12.1947 (Ex.D-1/D-2). - Vague plaint schedule (108 Mahs 15 Kuzhis including acquired/government land); violates identification requirements. - Property sub-divided (e.g., O.S. No. 340-1A, 340-1B; R.S. No. 309/pt); defendant purchased 34 Mahs 44 Kuzhis in 2008 with boundaries. (!) (!) (!) (!)

Trial Court Outcome and Appeal: - Trial court dismissed suit (O.S. No. 55/2012); plaintiffs appealed. - Evidence: PW.1 (plaintiff), Exs.A-1 to A-19; DW.1 (defendant), Exs.D-1 to D-4. [p_4? Wait, [21001357550004]

Appellate Findings: - Suit not maintainable: Vague property description; suppression of 1947 sale deed; no proof of co-ownership or title. - Burden on plaintiffs unmet in partition suit; abuse of process due to delay (80+ years), false claims, unclean hands. - Appeal dismissed with costs of Rs.10,000/-. (!) (!) (!) (!) (!) (!) (!) (!)

If you need a full extraction of specific sections, a summary tailored to an issue (e.g., partition burden, plaint defects), or assistance drafting based on this (e.g., notice, memo), provide more details. (!) (!) (!)


JUDGMENT

(Appeal Suit filed under Order XI Rule 1 of A.S. Rules of this Court, read with Section 96 of the Civil Procedure Code (CPC) against the judgment and decree dated 22.12.2017 made in O.S. No. 55 of 2012 on the file of the District Court, Karaikal.)

R. Subbiah, J.

1. This Appeal is filed by the plaintiffs who have instituted the suit in O.S.No.55 of 2012 on the file of the District Court, Karaikal for the relief of partition and separate possession. The trial court, by the judgment and decree dated 22.12.2017 dismissed the suit which gave rise to the filing of the present appeal.

2. The Plaintiffs have filed the suit in O.S. No. 55 of 2012 for the following relief:

(i) partition and separate possession of 8 Mahs 15 Kuzhis from out of a larger extent of 108 Mahs 15 Kuzhis in the suit property providing liberty to the plaintiffs to apply for final decree for division by metes and bounds.

(ii) directing the defendant to pay the plaintiffs mesne profits at the rate of Rs.5,000/- per month.

3. The case of the appellants/plaintiffs, as could be culled out from the plaint, is as follows:

(a) The plaintiffs are great grand children of Ponnusamy Padayachi and sons of Nataraja Padayachi. Acco

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