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S. KANNAMMAL
G. Sampath – Appellant
Versus
K. Shankari – Respondent
JUDGMENT
(Prayer: Appeal against the judgment and decree, dated 17.12.2009, passed in O.S.No.2750 of 2008 on the file of VII Additional Judge, City Civil Court, Chennai.)
1. This Appeal Suit is preferred against the judgment and decree, dated 17.12.2009, made in O.S.No.2750 of 2008 on the file of VII Additional Judge, City Civil Court, Chennai.
2. Second defendant in the suit is the appellant herein and the plaintiffs in the suit are the respondents 1 to 3 herein.
3. Suit was one for partition of the Plaint 'A' and 'B' Schedule properties by dividing the same by metes and bounds into seven equal shares and deliver possession of one such share to the plaintiffs; for a direction to the defendants 1 and 2 to render accounts in respect of the rental collection from the Plaint 'A' and 'B' Schedule properties from 01.01.2008 and further to direct the defendants 1 and 2 to pay to the plaintiffs 1/7th share from the rental collection and for costs.
4. The case of the respondents/plaintiffs, as per the plaint, was as under:
4.1. One late P.Ganesan, grandfather of the plaintiffs, had married one Manickammal and they had seven children. Defendants 1 and 2 are the sons and defendants 3 to 5 are the
Proper proof of execution of documents and the significance of registration and specific denial of execution are crucial in determining ownership of properties.
A partition deed long acted upon by all parties through possession and alienation is binding and cannot be reopened by descendants, especially when the original parties to the partition accepted the ....
The central legal point established in the judgment is the requirement to prove the authenticity of wills and provide clear documentation to establish ownership rights in property disputes.
The central legal point established in the judgment is the application of the Hindu Succession Act to determine the entitlement of the plaintiff to the Schedule Properties.
A valid oral partition must be substantiated with evidence; unproven claims lead to invalidation of subsequent property transactions.
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