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G.JAYACHANDRAN
P. Subramaniam – Appellant
Versus
A. Palanisamy – Respondent
What is the burden of proof on plaintiffs claiming joint family properties? What are the requirements for seeking cancellation of settlement deeds under Section 31 of the Specific Relief Act? What are the rights of plaintiffs claiming shares in the self-acquired property of a defendant?
Key Points: - The appeal suit was filed by unsuccessful plaintiffs who sought partition of suit properties, alleging they were joint family properties (!) [21001384960001]. - The plaintiffs claimed the first defendant settled property in favor of other defendants, and these settlement deeds were invalid [21001384960004]. - The trial court found that the plaintiffs failed to prove their contribution to the property or its improvement [21001384960009]. - The court noted that the plaintiffs did not seek cancellation of the settlement deeds as required under Section 31 of the Specific Relief Act [21001384960009]. - The court held that the burden of proof was on the plaintiffs to establish joint family properties and their contribution to the property [21001384960017]. - The court emphasized the requirement for seeking cancellation of settlement deeds under Section 31 of the Specific Relief Act when such deeds may cause serious injury if left outstanding [21001384960016][21001384960023]. - The first defendant presented evidence showing the properties were purchased from his own earnings, and he raised loans for improvements which were repaid from his income [21001384960021][21001384960022]. - The court found that the settlement deeds executed by the first defendant in favor of the second and fourth defendants were valid and acted upon [21001384960009][21001384960022]. - The appeal suit was dismissed as the plaintiffs had no right to claim shares in the self-acquired property of the first defendant [21001384960024][21001384960025].
JUDGMENT :
Prayer: Appeal Suit has been filed under Section 96 of the Civil Procedure Code against the judgment and decree rendered in O.S.No.37 of 2002 dated 12.03.2003 on the file of the Additional District Judge (Fast Track Court IV), Cimbatore at Tirupur, Coimbatore District.
1. This appeal filed by the unsuccessful plaintiffs, who filed the suit for partition and failed.
2. For clarity, the parties are described as per the designation and ranking found in the plaint.
3. Brief facts of the case is that, plaintiffs 1 and 2 and defendants 2 to 4 are the sons and daughter of the first defendant Palanisamy. Alleging that the suit property is the family property jointly held by the plaintiffs and the defendants in which the first defendant is the Kartha of the family, suit for partition filed by two sons of Palanisamy.
4. Brief Facts:
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