Back
D. BHARATHA CHAKRAVARTHY
J. Thiruvengadam – Appellant
Versus
Kalaimagal Sabha by its President – Respondent
JUDGMENT :
Prayer : Appeal Suit filed under Or XLI Rule 1 r/w Section 96 of Civil Procedure Code to set aside the decree and judgment made in O.S.No.141 of 2008 on the file of the learned Additional District Judge (Fast Track Court No.2) at Cuddalore, dated 23.03.2011 and to decree the suit as prayed for.
A. The Appeal Suit :
This Appeal Suit is filed against the judgment and decree, dated 23.03.2011 by the learned Additional District Judge, Fast Track Court No.2, Cuddalore in O.S.No.141 of 2008, in and by which, the suit filed by the plaintiffs for partition and separate possession of 1/3rd share in the suit ‘B’ schedule properties and for consequential reliefs, was dismissed by the Trial Court.
B. The Plaint :
2. The case of the plaintiffs is that the suit properties belong to one Adimoolam. Ellammal was the wife of Adimoolam and the couple had three sons by name Jayaraman, Krishnasami and Rajaraman. As on the date of filing of the suit, the aforesaid Adimoolam, Ellammal and Jayaraman had died. The sons of Jayaraman namely, Thiruvengadam, Venkatesan and Gnanavel are the plaintiffs. The said Krishnasami and Rajaraman are arrayed as the defendants 10 and 11. The defendants 1 to 4 are th
The suit is barred by limitation as the plaintiffs failed to challenge the alienations within three years from their alleged date of discovering the Will in 1997.
The validity of an unregistered Will must comply with the requirements of the Evidence Act and the Indian Succession Act. Additionally, non-testamentary instruments must be registered under the Regis....
The validity of a Will can be upheld despite procedural omissions if supported by sufficient evidence, and a partition suit may be dismissed if barred by limitation.
Point of law: “Conduct of indifference or Acquiescence and held that, it is settled law that an estoppel may arise as against persons who have not willfully made any misrepresentation, and whose cond....
In a partition suit, registered documents act as constructive notice, initiating the limitation period. Prolonged exclusive possession of ancestral property by a co-owner establishes ouster. Addition....
A suit for partition filed after the limitation period is barred; knowledge of exclusion triggers the 12-year limit under the Limitation Act. Ancestral property cannot be alienated unilaterally by a ....
The main legal point established in the judgment is that the plaintiff's right to share accrued only after the death of the father when there was no testamentary document, and the subsequent purchase....
A previous suit's dismissal for default does not operate as res judicata, nor does it bar a fresh suit in the presence of joint possession.
A claim for partition can prevail despite long possession by others if there is insufficient proof of ouster or adverse possession against a co-parcener. Limitation Act principles apply to claims acc....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
