Back
G. CHANDRASEKHARAN
A. K. Balakrishna Pillai (deceased) – Appellant
Versus
N. Janakiraman – Respondent
JUDGMENT :
This Second Appeal is filed challenging the judgment and decree in A.S.No.131 of 2014, which reversed the order passed in E.A.No.4943 of 2006 in E.P.No.1848 of 2003 in O.S.No.2888 of 1973.
2. One A.K.Balakrishna Pillai filed a suit for partition and separate possession of the suit properties in O.S.No.2888 of 1973 against A.C.Kannan Pillai and others. The case in the partition suit, in brief, is that A.K.Balakrishna Pillai is the son of A.C.Kannan Pillai, first defendant and brother of A.K.Vasudeva Pillai, second defendant. They constituted undivided joint Hindu family. First defendant was allotted properties through a partition deed dated 21.05.1940. The properties allotted in the partition were enjoyed jointly by the joint family members and by the joint efforts and out of joint family nucleus, 'B' schedule properties in the suit were purchased. Whole 'A' schedule properties were allotted in the partition dated 21.05.1940 and 'B' schedule properties were purchased from the income derived from the joint family properties and the joint efforts made by the joint family members. As a joint family member, plaintiff is entitled for 1/3 share and thus, he filed a suit for part
Purchasers of undivided shares in a partition suit, who bought the property prior to the suit, are necessary parties in the final decree proceedings and are entitled to work out their remedy.
Subsequent purchasers of property cannot independently challenge a partition decree that has attained finality; their rights are limited to those of the transferor.
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 ....
In partition suits, valid claims cannot be established without challenging associated settlement and sale deeds; failure to address these undermines the entitlement to partition.
Co-owner not party to sale deed need not cancel it to claim partition of undivided share in joint family property.
Appeal is conditional one, because it has stated that “as may be legally opened to them”in the final decree proceedings.
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
