IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Subramanian, N.Senthilkumar
R.Rayappan (Died) – Appellant
Versus
Rajammal (Died) – Respondent
JUDGMENT :
R. SUBRAMANIAN, J.
1. The defendants in O.S.No.66 of 2012, who had suffered a decree for partition and separate possession of the plaintiffs' 2/3rd share in the suit properties are on appeal.
2. Originally, the suit was laid by the three plaintiffs, who are daughters and grand daughters of Rangaiya Gowder @ Rangappa Gowder against his only son, his children and the tenants. The geneology is as follows:-

3. Upon the death of the 2nd plaintiff / Lalitha, her heirs were impleaded as plaintiffs 4 and 5. The plaintiffs would claim that the suit properties originally belonged to one Rangappa Gowder @ Rangae Gowder, son of Kara Gowder, who died before 1955 leaving behind his only son Rangaiya Gowder @ Rangappa Gowder, who also died some time in early 1970s. The said Rangaiya Gowder died leaving behind one son namely, Rayappan / 1st defendant in the suit, three daughters namely, Subby Subbammal, Rajammal and Marammal. The Subby Subbammal is stated to have died without issues. Marammal had died leaving behind the plaintiffs 2 and 3 during the pendency of the suit. Since the 2nd plaintiff / Lalitha died pending suit, her husband and son were brought on record as plaintiffs 4 and 5. Co
Valliammal (late) and 2 Others Vs. Pachiammal
The court affirmed that joint possession must be established for heirs to claim rights over ancestral property, and failure to act on exclusion for over 12 years barred the suit under Article 110 of ....
A claim for partition can prevail despite long possession by others if there is insufficient proof of ouster or adverse possession against a co-parcener. Limitation Act principles apply to claims acc....
A co-parcener's possession is presumed to be joint; mere exclusive possession by another does not constitute adverse possession without evidence of hostile intent, supporting the right to partition.
Possession of one co-parcener is deemed possession of all; mere long possession does not establish adverse possession without evidence of ouster.
The court affirmed that daughters are entitled to equal shares in ancestral properties post-amendment, invalidating wrongful transactions made without their consent.
A partition suit filed after 14 years of a co-owner's death is barred by limitation if the other co-owner has established exclusive possession and adverse possession.
Properties claimed as self-acquired were determined to be ancestral; the appeal for partition was dismissed due to lack of joint possession evidence and non-joinder of necessary parties, also barred ....
A previous suit's dismissal for default does not operate as res judicata, nor does it bar a fresh suit in the presence of joint possession.
The court affirmed that co-owners retain rights unless clear ouster is proven, and limitation laws do not apply to partition claims under the Hindu Succession Act.
The limitation period for challenging registered sale deeds starts upon acquiring knowledge of the transaction, not merely from the registration date, reaffirming the necessity of trial for evidentia....
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