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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE G.R.SWAMINATHAN, M.JOTHIRAMAN
Akbar Seit – Appellant
Versus
Alavudheen – Respondent
JUDGMENT :
G.R.Swaminathan, J.
This appeal arises out of a suit for partition. The respondents 1 and 2 herein, namely, Alavudheen and Azeez filed O.S.No.104 of 2012 on the file of the Additional District Judge (FTC), Palani claiming 56/96th share in the suit schedule properties for themselves.
2.The first defendant/appellant herein Akbar Seit is the brother of the plaintiffs. Valarmathi/third respondent herein was shown as the second defendant. She is their sister. The case of the plaintiffs is that the suit scheduled properties belonged to the father Jamal Mohamed. Jamal Mohamed died intestate in the year 1993.
3. The suit was mainly contested by the appellant/first defendant. He filed written statement raising several defences. Based on the rival pleadings, the Court below framed the issues.
4.The second plaintiff examined himself as PW1. Ex.A1 to Ex.A13 were marked. The first defendant examined himself as DW1. Two other witnesses including a Jamathar were examined on his side. Ex.B1 to Ex.B16 were marked. After considering the evidence on record, the trial Court granted preliminary decree as prayed for on 15.04.2019. Challenging the same, this Appeal came to be filed.
5.The learned co
The court upheld that claims of prior oral partition without substantiated evidence should be rejected and reinforced that formal legal processes govern inheritance shares, leading to a division of p....
Co-ownership rights are upheld in joint family property claims, and previous partitions must be established with clear evidence; mere conversion of property does not negate an heir's share.
The court upheld the preliminary decree for partition while limiting the shares of certain defendants, emphasizing the need for resolution of the plaintiff's share before final decree.
In partition suits, the burden of proof lies on the party claiming properties as joint family properties, not the plaintiff, who asserts they are separate.
A suit for partition may be maintainable without including all properties, and claims of prior arrangements need substantial evidence to be valid.
A legal heir is entitled to an equal share in joint family properties, and claims of exclusive ownership must be substantiated by evidence.
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