Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
Nallammal – Appellant
Versus
Rajeshwari – Respondent
| Table of Content |
|---|
| 1. defendants challenging trial court's partition decree. (Para 1 , 2 , 3) |
| 2. limits of high court's jurisdiction under section 100 cpc. (Para 4 , 5 , 6) |
| 3. plaintiff's entitlement as first wife and potential defenses. (Para 7 , 8 , 9 , 10 , 11) |
| 4. courts upheld plaintiff's claims based on consistent evidence. (Para 12 , 13 , 14 , 15) |
| 5. second appeal dismissed, affirming lower court decisions. (Para 16 , 17) |
JUDGMENT :
K. MURALI SHANKAR, J.
1. The Second appeal is directed against the judgment and decree, dated 11.09.2024 made in A.S. No.29 of 2019 on the file of the Principal District Court, Dindigul, confirming the judgment and decree, dated 28.02.2019 made in O.S. No.191 of 2015 on the file of the Sub Court, Vedasandur.
2. The appellants are the defendants. The first respondent as plaintiff filed a suit claiming partition and allotment of 1/3 share in the suit properties.
3. The defendants 1 to 3 filed their written statement and contested the suit. The learned Subordinate Judge, Vedasandur, after framing necessary issues and after full trial, passed a judgment and decree, dated 28.02.2019, granting preliminary decree declaring that the plaintiff is entitled to get 1/3 s
The High Court's review under Section 100 CPC is limited to substantial questions of law and does not allow re-evaluation of factual findings made by lower courts.
The High Court's jurisdiction in a second appeal is limited to substantial questions of law, with no re-appraisal of factual findings made by lower courts; the burden of proof for joint family proper....
The right to inherit properties can be lost due to delay in claiming partition, as seen in cases of ouster and adverse possession.
The High Court's review under Section 100 of the Civil Procedure Code is restricted to substantial questions of law, with no interference allowed on factual findings absent error.
High Court cannot re-appreciate facts in second appeal unless substantial question of law shown and propounder must prove Will per statutory mandates.
The High Court's jurisdiction in second appeals is limited to substantial questions of law without re-evaluating the evidentiary findings of the trial courts.
In matters of partition, proof of ancestral property entitlement and the absence of substantial legal questions are critical for appeal outcomes.
The court upheld the entitlement of the plaintiff's share in ancestral properties and directed the determination of her legal heirs and the validity of her Will before distribution.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
