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P. B. BALAJI
Periyathal (Died) – Appellant
Versus
Vadivel – Respondent
JUDGMENT :
COMMON PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decrees dated 22.11.2016 in A.S. Nos.28 & 29 of 2015 on the file of the Subordinate Judge's Court, Dharapuram, Tiruppur District reversing the judgment and decree dated 23.03.2015 in O.S. No.1 of 2003 on the file of the District Munsif's Court, Dharapuram, Tiruppur District.
COMMON PRAYER: Cross Objections filed under Order 41 Rule 22 of the Code of Civil Procedure, to set aside the judgment and decree dated 22.11.2016 made in A.S. Nos.28 & 29 of 2015 on the file of the learned Sub Court, Dharapuram reversing the judgment and decree dated 23.03.2015 made in O.S. No.1 of 2003 on the file of the learned District Munsif Court, Dharapuram in respect of the disallowed portion, by allowing this Cross Objections.
These two Second Appeals as well as Cross Objections arise out of O.S. No.1 of 2003 filed by one Periyathal, seeking a declaration that she is absolutely entitled to the suit property and for a consequential permanent injunction to restrain the defendants from interfering with her peaceful possession and enjoyment.
2. The parties are described as per their litigati
The court reaffirmed that the burden of proof lies on defendants alleging forgery, and valid settlement and sale deeds establish the plaintiff's ownership rights.
The legal principle established is that in cases involving the sale of joint family property, the burden of proving legal necessity lies with the purchaser only if the plaintiffs have properly pleade....
A will must be proved in accordance with Section 63 of the Succession Act read with Section 68 of the Evidence Act; its admission in summary land ceiling proceedings does not bind non-parties for pur....
Registered partition deed between brothers under Mohammedan law creates valid title; High Court cannot re-appreciate facts absent substantial question of law in second appeal.
A partition deed made in good faith to resolve family disputes is legally binding, and claims of ownership must adhere to existing rights.
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.
The execution and validity of a Will require strict adherence to statutory provisions, including proper attestation, which was not proven in this case, rendering the claimed interests void.
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