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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs Justice T.V.THAMILSELVI
M. Sumathi – Appellant
Versus
R. Bharathi – Respondent
JUDGMENT :
(T.V. THAMILSELVI, J.)
These appeals have been filed to set aside the judgement and decree dated 04.03.2024 passed in A.S No. 119 of 2023, on the file of II Additional District and Sessions Judge, Tirupur, confirming the judgement and decree dated 05.09.2023 passed in OS No. 582 of 2010, on the file of the Principal Subordinate Judge, Tirupur.
2. The suit in OS No. 582 of 2010 was filed by the first respondent herein, on the file of the Principal Subordinate Court, Trippur, against the appellants herein/defendants 1 & 2 and 3rd defendant/Karai Vinayagar Temple represented by Assistant Commissioner, HR & CE, Tirupur, to declare the judgement and decree dated 29.04.2010 in OS No. 145 of 2010 as Null and void. The said suit was decreed by the Trial Court and the same was confirmed by the First appellate Court. Challenging the concurrent findings of the Courts below, the defendants 1 and 2 filed these second appeals.
3. The brief facts of the plaintiff case as follows:
The suit property was originally belonged on Kuppusamy Gounder Son of Muthusamy Gounder( father of the plaintiff ) by ancestral. Kuppusamy Gounder bequeathed a registered Will on 07.10.1947 with respect to the suit
A party lacks standing to file a suit without demonstrable legal interest in the subject matter, and collusively obtained decrees cannot confer rightful ownership absent valid proof.
A party claiming hereditary trusteeship over temple properties must establish valid claims against previously executed deeds and demonstrate appropriate legal standing to pursue a suit related to suc....
The plea of adverse possession and title raised simultaneously is inconsistent and contradictory.
A son born from a void marriage has rights to inheritance under amendments to the Hindu Succession Act, affirming equal status to legitimate and illegitimate children in claims for partition post the....
The ancestral nature of property was affirmed, and a Will executed by a deceased patriarch in favor of an illegitimate child was recognized as valid for 1/3rd share, pending partition.
: Suit property vague - The extent of property mentioned in the plaint is different from the extent mentioned in the document. The value of the property not properly calculated. The possession of th....
The court affirmed that coparcenary properties cannot be unilaterally willed, preserving the equal rights of all coparceners under Hindu law.
The court ruled that temple property cannot be alienated by trustees without obtaining necessary permissions and demonstrating community consent as per applicable law.
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