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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Maharajan – Appellant
Versus
Kathana – Respondent
| Table of Content |
|---|
| 1. admission of second appeal on substantial questions of law (Para 1 , 2 , 3 , 4) |
| 2. facts of oral partition and trial court dismissal (Para 5 , 6 , 7 , 8) |
| 3. parties' contentions on admissions and title defects (Para 9) |
| 4. court upholds oral partition via pw1 admission (Para 11 , 12 , 13 , 14 , 15) |
| 5. moulds relief granting 93 cents via admitted sale (Para 16 , 17 , 18 , 19 , 20) |
JUDGMENT :
P.B. BALAJI, J.
The plaintiffs, aggrieved by concurrent findings of the trial Court and the first Appellate Court, in a suit for declaration and permanent injunction, are the appellants herein.
2. The Second Appeal was admitted by this court on 01.12.2023, on the following substantial questions of law:-
“1) When the sale deed dated 20.04.1993 executed by husband of 1st defendant regarding 93 cents in S.No.225/1 is admitted in the written statement, whether the Courts below are correct in dismissing the suit for declaration and injunction in toto instead of granting lesser relief ?
2) When the case of the defendant in the written statement that the oral partition between Chinnaramasamy Thevar, Pandi @ Periyasamy Thevar and Subbiah Pandian is not proved and there is a defective title in th
Oral partition admission binds; courts mould relief granting lesser entitlement via admitted sale deed.
Party to family partition as minor is estopped from disputing its measurements post-majority without challenge, after acting upon it; plaintiff must prove title independently beyond allotted share, n....
Co-owner not party to sale deed need not cancel it to claim partition of undivided share in joint family property.
The appellate court determined that the First Appellate Court erred in not properly evaluating the ownership evidence, resulting in incorrect distribution of property rights and affirming the Plainti....
In title suits, non-joinder of party allotted entire disputed property via partition renders declaration relief inappropriate; courts must correctly identify properties using boundaries/documents bef....
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