Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI
Nallappan Gounder (Died) – Appellant
Versus
Pavathal W/o Palanisamy – Respondent
JUDGMENT :
T.V. THAMILSELVI, J.
1. Challenging the concurrent findings of the courts below rendered in A.S.Nos.30 of 2016 and 28 of 2017 confirming the findings rendered in the final decree proceedings in I.A.No.1080 of 2004 in O.S.No.1292 of 2004, the plaintiffs 1 to 3 have preferred Second Appeal in S.A.No.244 of 2021 and the 15th respondent herein preferred Second Appeal in S.A.No.116 of 2026.
2. Before the trial court, the plaintiffs have filed a suit for partition and a counter claim was also filed by the contesting defendants. On considering both side evidence and documents, the preliminary decree was passed allotting shares. Thereafter, the final decree application in I.A.No.1080 of 2004 was filed and the Commissioner was also appointed. The Commissioner had measured the property in the presence of both parties as well as their counsels. Thereafter, the Commissioner had filed a report submitting a suggestion to divide the property conveniently considering each of sharers. Accordingly, the Commissioner's report along with sketch was produced before the court. Based on that, the trial judge had passed the final decree in I.A.No.1080 of 2004 by allotting shares to all the parties
In partition suits, the lack of documentary evidence undermines objections to Commissioner's findings, affirming equitable distribution based on thorough assessments.
Second appeal – Suit for partition - Second appeal - Unless defendants also place reliable and convincing materials to substantiate same and when defendants have failed to substantiate their objectio....
The court upheld the partition and equitable distribution of property based on the Commissioner's report, emphasizing the importance of amicable resolution in family disputes.
Joint ownership claims require substantiated documentation and evidence; prior agreements affect parties' standing to contest property distributions in court.
The court upheld the final decree in a partition case, affirming that the Commissioner complied with directions and that property assessments were reasonable and equitable.
A property not capable of partition due to practical constraints may be sold under the Partition Act, despite objections from co-owners regarding involuntary sale.
The court established that under the Partition Act, a court may direct the sale of property instead of division when it is determined that division is not feasible or would not be beneficial to the s....
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
