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P. VELMURUGAN, K. K. RAMAKRISHANAN
T. Rajmohan – Appellant
Versus
T. Jayaraman – Respondent
JUDGMENT :
(P. Velmurugan, J.)
1. The plaintiff is the appellant in the appeal. The appellant filed a suit for partition and separate possession of half share in the suit properties. The suit was dismissed. Aggrieved against the same, he has filed the present appeal.
2. The case of the appellant/plaintiff as set out in the plaint before the Trial Court is as follows:-
The appellant and the respondent are the brothers and owners of the suit properties. The suit properties originally belonged to one Ammani Ammal, who obtained title through settlement deed, dated 24.10.1972 and the said Ammani Ammal constructed a Cinema Theatre and while she was in a sound and disposing state of mind, executed her last Will in favour of the appellant and the respondent on 03.01.1975. Thereafter, the said Ammani Ammal died on 19.03.1992. After her demise, her Will came into force. Thereafter, the appellant and the respondent were managing the property jointly and for their convenience "C" Form licence under the Tamil Nadu Cinema Regulations Act was obtained in favour of the appellant's wife and the respondent's son Nandhakumar. The appellant and the respondent have already entered into a partnership deed
The properties inherited from the grandmother are individual properties, not belonging to the Partnership Firm, as established by the Will and settlement deed.
The existence of a registered partnership deed governs the relationship between parties, rendering claims for partition of joint family properties unmaintainable when no evidence of joint family owne....
(1) Partition – Once disruption of joint family status takes place, coparceners cease to hold property as joint tenants but they hold as tenants-in-common.(2) Production of additional evidence – It i....
The court established that a release deed concerning partnership interests does not affect ownership rights in property purchased in individual names, affirming the plaintiff's entitlement to a 1/3rd....
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.
Properties claimed as self-acquired were determined to be ancestral; the appeal for partition was dismissed due to lack of joint possession evidence and non-joinder of necessary parties, also barred ....
The main legal point established in the judgment is that the property of the firm includes all property and rights brought into the stock of the firm, and the partnership firm became the owner of the....
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