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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms. Justice P.T. ASHA
C. Vasanthkumar – Appellant
Versus
Collector, Tiruvallur, Tiruvallur District – Respondent
ORDER :
The Writ Petition has been filed seeking the following relief:
“Forbearing the Respondents from in any way altering the patta for the properties situated at Palavoyal Village Comprised in Survey No.40/1 measuring 1.48 Acres, Survey No.42 measuring 0.80 Acres, Survey No.631/1 measuring 2.63 Acres, Survey No. 67/1 measuring 1.08 Acres, Survey No.68/1 measuring 2.45 Acres, Survey No.68/3 measuring 0.11 cents, S.No.70 measuring 3.94 Acres, S.No.21/2 measuring 1.57 Acres, S.No.23 measuring 1.12 Acres, S.No.38 measuring 1.39 Acres, S.No.41/2 measuring 0.75 Acres, S.No.43 measuring 0.51 Acres, S.No.66/1 measuring 1.82 Acres, S.No.72 measuring 3.60 Acres, the property situated at Naravarikuppam Village comprised in S.No.86/3 measuring 0.39 Acres and S.No.91/152A measuring 0.05.00 Hectares, S.No.91/152B measuring 0.35.00 hectares till the outcome of the civil suits pending in O.S.No.189 of 2020 on the file of the Additional District Judge No.IV, Ponneri”.
2. The facts which have been set out in the affidavit filed in support of the Writ Petition is herein below briefly set out.
3. The petitioner would contend that one Baktavatchalu was possessed of larger extent of lands in various vill
The court ruled that reliance on unproven wills is insufficient for claiming property rights, reaffirming the necessity of proper probate procedures.
The court affirmed that prior final decrees in partition suits are binding and that claims based on wills must be established in separate proceedings.
The petitioner failed to exhaust alternate remedies regarding the cancellation of patta, and prior decrees confirming respondents' title and possession were determinative.
Suit for partition - Partial partition not permissible - Admission of parties - Will duly established and cannot be held to be forge or fabricated one.
The court ruled that only civil courts can determine the validity of property documents, overruling previous decisions on appeal maintainability regarding PPBs and TDs.
A registered Will, executed in accordance with legal requirements, is valid and can determine the distribution of property, overriding claims for partition based on joint possession.
A plaintiff asserting ownership based on historical rights and alleged partition must be permitted to pursue relief through trial when faced with disputed claims and questions of fact.
The court confirmed that a plaint must be accepted as true for determining cause of action and limitation, allowing the case to proceed to trial.
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