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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr Justice N. Sathish Kumar, J
M.M.D.Abirami Lingeswari, W/o. K.V.Karthik – Appellant
Versus
P.Muthu Kannabiran, S/o. M.Palanisamy Gounder – Respondent
ORDER :
N. Sathish Kumar, J.
This Appeal Suit has been filed against the judgement and decree in I.A.No.1083 of 2018 in O.S.No.9 of 2018 on the file of the II Additional District Judge, Tiruppur, dated 05.01.2022.
2.Aggrieved over the order of the Court below, in rejecting the plaint, the present Appeal has been filed.
3.The facts, which are necessary for disposal of the Appeal, are stated as under:
The appellant herein is the plaintiff. She moved a suit in O.S.No.9 of 2018 before the II Addl. District Judge, Tiruppur, for the following reliefs, viz.,
“A) To divide the suit properties described hereunder into three equal shares and to allot of one such share to the plaintiff with respect to good and bad soil by metes and bounds by appointing a commissioner;
B) To declared that the alleged settlement deed Document No (3995/1987 dated 30.11.1987) executed by the 1st defendant to in favour of the 2nd defendant is null and void and it will not binding again the plaintiff;
C) To declared that the alleged settlement deed Document No. 51/1988 dated 11.01.1988 executed by 1st defendant to in favour of 2 defendant is null and void and it will not binding against the plaintiff;
D) To declared that th
The trial Court must examine the plaint's averments to determine if a cause of action exists, rather than rejecting it based solely on the defendant's claims.
The court established the principle that under the Tamil Nadu Amendment Act 1/1990, a daughter is entitled to her share in ancestral property, and any disposition or alienation without her consent is....
The burden of proof lies with the party claiming partition to establish the division of properties, and the court may allow additional evidence if vital to decide the case.
Ancestral property entitlement under Hindu Succession Act limits the plaintiff's share to 1/8, not 3/8, affirming the rights of coparceners post-amendment.
The main legal point established in the judgment is the interpretation of the Hindu Succession Act and the determination of entitlement to shares in ancestral and self-acquired properties.
In property disputes, properties obtained through partition are considered self-acquired, affirming the right of absolute ownership and the validity of subsequent transfers unless proven otherwise.
The main legal point established in the judgment is the determination of property rights based on the source of purchase and the validity of settlement deeds executed within a family.
The burden of proof lies with the plaintiff to establish that the properties are ancestral, and evidence must be pleaded and proved through evidence.
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