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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.VIJAYAKUMAR
Abdul Kadhar – Appellant
Versus
Barakath Begum – Respondent
| Table of Content |
|---|
| 1. background of the partition lawsuit and tenant's claim (Para 1 , 2 , 3 , 4) |
| 2. the tenant disputes the decree holder's rights based on established possession before the suit. (Para 5) |
| 3. court's findings on tenant's evidence and possession (Para 6 , 8 , 9) |
| 4. (Para 10 , 11 , 12 , 13 , 14) |
| 5. application of the doctrine of lis pendens in partition suits (Para 15 , 16 , 19 , 20) |
| 6. tenancy created during suit is affected under lis pendens (Para 21 , 22 , 23 , 24) |
| 7. conclusion on tenant’s rights under order 21 (Para 26 , 27 , 28) |
JUDGEMENT :
R. VIJAYAKUMAR, J.
1. The instant second appeal has been filed by a third party to O.S.No.1233 of 1986 on the file of the Principal Subordinate Court, Tirunelveli.
(A) Factual background:
2. The first respondent herein as plaintiff had filed the above said suit for the relief of partition and separate possession of his ½ share in the ground floor of Door Nos.51 and 52 of the suit schedule properties. A preliminary decree came to be passed on 17.08.1992 and a final decree was passed on 02.08.2007. In the final decree proceedings, Shop No.51 was allotted to the share of the plaintiff.
3. Based upon the above said final decree, the decree ho
Tenancy established during the pendency of a partition suit is subject to the doctrine of lis pendens, and does not grant rights against the decree holder.
In partition suits involving adverse possession, procedural adherence is critical; issues of tenancy must be resolved before partition can occur, and failure to provide proper notice invalidates clai....
The Court emphasized the importance of summary determination of questions under Rule 101 of Order XXI of the C.P.C. and the applicability of Section 52 of the Transfer of Property Act. It also clarif....
Joint family properties must be protected in partition suits, ensuring the rights of co-sharers against potential losses during ongoing legal disputes.
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