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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI
A. Ponnusamy (Died) – Appellant
Versus
R. Palanisamy – Respondent
| Table of Content |
|---|
| 1. background of the dispute and parties involved (Para 1 , 2 , 3 , 4) |
| 2. plaintiffs' claim based on settlement deed ex.a1 (Para 7 , 8 , 12 , 13) |
| 3. court's analysis on procedural issues and merits (Para 10 , 20 , 22) |
| 4. legal conclusions on limitations and entitlements (Para 11 , 21 , 24) |
| 5. defendants challenge the validity of ex.a1 (Para 15 , 16) |
| 6. final judgment and dismissal of appeal (Para 25 , 26) |
JUDGMENT :
K. GOVINDARAJAN THILAKAVADI, J.
1. The above second appeal arises out of the judgment and decree dated 24.01.2020 passed in A.S. No.43 of 2018, on the file of the 1st Additional District Judge Coimbatore, reversing the Judgment and decree dated 28.02.2018 passed in O.S.No.1248 of 2010, on the file of the II Additional Subordinate Judge, Coimbatore.
2. The case of the plaintiff is that Sangappa Gounder and Kuppanda Gounder are brothers. Kuppanda Gounder had no children whereas Sangappa Gounder had 2 sons namely, Ramsamy Gounder and Ayee Gounder. The plaintiffs are the legal heirs of Ayee Gounder and the defendants are the legal heirs of Ramasamy Gounder. The said Kuppanda Gounder executed two settlement deeds dated 07.08.1933 settling 2 acres out of 6.02 acres and
The 1961 partition deed, once accepted, overrides earlier settlement claims, establishing statutory sanctity and barring challenges due to lack of timely action.
Suit for partition – Minor - Right of avoidance based on the inequality of the shares is a personal right of the minors and cannot be exercised by others - Power is not a conditional power in the se....
In a partition suit, all legal heirs must be parties, and failing to prove a settlement deed invalidates claims to partition. The court upheld the necessity for complete participation of all heirs in....
The validity and binding nature of the settlement deed, the requirement of proof of execution under Section 68 of the Indian Evidence Act, and the applicability of the Hindu Succession Act were centr....
Registered settlement deed proved under Evidence Act Section 68 proviso absent specific denial of execution; certified copy admissible if original lost; partition suit barred without cancelling deed.
The main legal point established in the judgment is the validity of the partition deed and the proof of the Will, which determined the entitlement to share in the properties.
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