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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, M.JOTHIRAMAN, JJ
Pandian – Appellant
Versus
Valarmathi – Respondent
JUDGMENT :
G.R.SWAMINATHAN, J.
The first defendant in O.S No.24 of 2012 on the file of the Principal District Court, Pudukkottai is the appellant herein. The first respondent herein / Valarmathi filed the said suit for partition. The suit schedule contained as many as four items. The first item is comprised in Kothamangalam south village. The second item is comprised in Kothamangalam north village. The third item is comprised in Chennai. The fourth item is comprised in Pudukkottai.
2.The case of the plaintiff is that the suit schedule properties belonged to his father / Karuppaiah @ Thirumaran. Karuppaiah @ Thirumaran got married to Rasammal and through the said wedlock, four sons and two daughters were born. The plaintiff was the eldest son. One of the sons, namely, Veeramani had passed away. The defendants 1 and 2 are brothers of the plaintiff while the defendants 3 to 9 are the legal heirs of the deceased two sisters of the plaintiff. The plaintiff sought 1/3rd share in the suit schedule properties. Though all the defendants contested the suit, it is only the first defendant who has filed this appeal.
3.The first defendant raised two fold defences in his written statement. The first
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.
The presumption of joint family status in Hindu law requires clear evidence to establish prior partition; the Appellate Court allowed partition of one property acquired post-partition while dismissin....
The main legal point established in the judgment is that the burden of proof lies with the parties claiming a partition, and without convincing evidence, the court may decree the suit in favor of the....
The heavy burden of proof upon the proponent of oral partition before it is accepted, as per the settled principle of law by the Apex Court.
The main legal point established in the judgment is that the burden of proof lies on the party claiming a prior partition, and in the absence of documentary evidence, unchallenged evidence of the opp....
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