Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE V. SIVAGNANAM
Durairaj – Appellant
Versus
Mariammal (died) – Respondent
JUDGMENT :
The Second Appeal has been filed against the Judgment and Decree passed in A.S.No.50 of 2003 dated 08.10.2003 on the file of the Sub-Court, Sankarankoil, confirming the Judgment and Decree passed in O.S.No.194 of 2001 dated 23.04.2003 on the file of the Additional District Munsif Court, Sankarankoil.
2. For the sake of convenience, the parties are referred to as per their ranking in the Trial Court.
3. The plaintiffs are the appellants. The plaintiffs filed the suit for declaration and permanent injunction. The Trial Court dismissed the suit. Aggrieved by this judgment and decree, the plaintiffs preferred an appeal before the Sub Court, Sankarankovil. Upon consideration of evidence on record, the First Appellate Court confirmed the finding of the Trial Court and dismissed the suit with costs. Aggrieved by this judgment and decree, the plaintiffs preferred the present second appeal.
4. The case of the plaintiffs is that the plaint schedule properties are originally owned by Ganapathy Kudumban and Anachi. They have purchased the said property by way of a sale deed dated 11.07.1942 and they partitioned the property orally and enjoyed the same separately. Anachi, by way of oral
Clear evidence is required to establish claims of property ownership and partition, particularly in disputes among co-owners.
The main legal point established is that the plaintiff's possession was proved through various documents, and the first defendant had no standing to dispute the partition.
The central legal point established in the judgment is that in the absence of proof of oral partition, co-sharers have a right in every inch of ancestral property, and exclusive possession cannot be ....
The burden of proof in establishing the existence and extent of an oral partition lies with the party claiming such partition.
The burden of proof for claims of oral partition lies with the party asserting it, and failure to establish legal ownership results in dismissal of the suit.
The main legal point established is that the suit for partition is maintainable despite the failure to prove an earlier oral partition in the manner known to law.
The burden of proof regarding partition, the reliance on revenue records and patta, and the presumption of joint-ness in the absence of proof of partition were central legal principles established in....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
