Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Kousalya Srinivasan – Appellant
Versus
C.Krishnan – Respondent
JUDGMENT :
This First Appeal arises out of the proceedings initiated by the 2nd defendant, seeking to reject the plaint.
2.The 2nd defendant filed an application I.A.No.6 of 2023 under Order VII Rule 11 of CPC. On enquiry, the trial Court has proceeded to reject the plaint. Challenging the said rejection of the plaint, the present appeal has been filed.
3.I have heard Mr.S.Diwakar, learned counsel for the appellant and Mr.S.K.Rahul Vivek, learned counsel for the contesting 1st respondent, who took out an application for rejection of the plaint. The respondents 2 and 4, despite service, have not chosen to appear.
4.Mr.S.Diwakar, learned counsel for the appellant would submit that the suit was filed for the reliefs of a preliminary decree for partition and for a declaration that the release deed dated 13.12.1996 is null and void, non-est and not binding on the plaintiff. It is the contention of the learned counsel for the appellant that the plaintiff and the defendants are children of late S.Chakrapani and Jayalakshmi. The suit property was purchased by the father of the parties, in and by sale deed dated 26.05.1958, from and out of his own income. The plaintiff was married even at her a
The court reaffirmed that claims regarding a release deed are barred by limitation if the parties were consenting witnesses and did not promptly raise allegations of misrepresentation or fraud.
Legislature has not prescribed any period of limitation for filing a suit for partition because partition an incident attached to property and there is always a running cause of action for seeking pa....
The judgment establishes the importance of providing sufficient evidence to disprove written documents and the requirement to seek further relief when filing a suit for mere declaration of right unde....
The court found that vague allegations of fraud do not suffice to circumvent established limitation periods, and a registered deed remains binding unless disproven by specific and detailed allegation....
If terms of contract reduced into writing and duly registered is sought to be excluded by oral evidence, burden is on plaintiffs to adduce evidence sufficient to exclude written evidence, as per Sect....
A partition suit cannot be maintained without seeking cancellation of a registered release deed; an unchallenged release deed is valid and binding on all parties.
Unregistered documents affecting property rights are inadmissible unless they meet statutory requirements, reinforcing co-ownership in property disputes.
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
