IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VADAMALAI
P.Perumal (Died) – Appellant
Versus
Palanichamy – Respondent
| Table of Content |
|---|
| 1. parties involved and nature of claim (Para 1 , 2 , 3) |
| 2. claim of the plaintiffs and defendants (Para 5 , 6) |
| 3. issues framed by trial court (Para 7 , 9) |
| 4. second appeal process and additional evidence (Para 8 , 12 , 13 , 14) |
| 5. first appellate court's findings (Para 10 , 11) |
| 6. arguments from defendants' counsel (Para 16 , 17 , 18) |
| 7. counterarguments from plaintiffs' counsel (Para 21 , 22) |
| 8. final court ruling based on evidence review (Para 28 , 29) |
JUDGMENT :
This Second Appeal is filed again the judgment and decree, dated 02.11.2012 passed in A.S.No.5 of 2011 by the Fa Track Court-cum-Additional Dirict Sessions Judge, Dindigul, reversing the judgment and decree dated 24.08.2010 passed in O.S.No.108 of 2007 on the file of the Sub Court, Palani.
2. The appellants are the defendants in O.S.No.108 of 2007 on the file of the Sub Court, Palani. The respondents are the plaintiffs in that suit.
3. The respondents/plaintiffs have filed the suit for partition, permanent injunction and to cancel the settlement deed, dated 23.07.1963, executed by Palanichamy in favour of 1 defendant as it is not legally valid.
4. For the sake of convenience, the parties are referred as plaintiffs










A registered settlement deed has statutory presumption of validity, and the burden to prove it invalid rests on the plaintiffs, which they failed to do, thereby affirming the deed and dismissing the ....
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 is the requirement to prove a Will as per the provisions of the Indian Succession Act and the Indian Evidence Act, and the distinction between a Settlement deed and a....
Unregistered gift settlement inadmissible without proof of original's loss and acceptance; registered gift to second wife valid with possession; unilateral cancellation void; sale deed recitals prove....
Registered attested documents like settlement deeds require proof of execution under S.68/69 Evidence Act; registration presumes no validity when challenged.
Failure to challenge a settlement deed within the limitation period extinguishes rights to claim co-ownership, and prior consent can estop parties from succeeding in partition claims.
The main legal point established in the judgment is the requirement for compulsory registration of family settlement documents under Section 17(1)(b) of the Registration Act, 1908, and the inadmissib....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.