Oral partition supported by official revenue records and admissions precludes claims of undivided ownership; legal heirs include husband and sons under Hindu Succession Act affecting inheritance shares.

Headnote:(A) Hindu Succession Act, 1956 - Section 15(1) - Partition suit - Partial partition and oral partition - Whether oral partitions supported by patta and chitta records can be held binding - Courts below erred in ignoring admissions and relevant revenue records confirming oral partition and separate enjoyment - Plaintiff's failure to include entire relevant property in partition suit questioned. (Paras 8, 10, 18, 20)

(B) Succession - Legal heirs’ rights - Both son and husband of a female Hindu fall within Class I heirs under Section 15(1), affecting inheritance shares in ancestral properties. (Paras 19, 20)

Facts of the case:
The dispute concerns the partition of ancestral property between appellant and respondent, sons of a deceased father with two wives. The suit property was allegedly orally partitioned, with respective portions enjoyed and recorded in patta and chitta documents. The plaintiff filed suit for partition of ½ share excluding certain properties, while the defendant claimed an oral partition had divided the lands with separate enjoyment and patta allocations.

Findings of Court:
The court found that relevant admissions by the plaintiff and official land records evidenced an oral partition which was unchallenged administratively. The court disagreed with lower courts’ disregard of this evidence and held that the plaintiff’s suit for partial partition was not maintainable given the existence of partition and enjoyment of separate shares.

Issues: (1) Whether oral partition evidenced by patta and chitta can be disbelieved by courts. (2) Whether parties’ rights as legal heirs under Hindu Succession Act were properly appreciated. (3) Whether suit for partial partition excluding some property was maintainable.

Ratio Decidendi: The acceptance of oral partition substantiated by patta and chitta records and conduct of parties precludes partial partition claims ignoring such partition. The appellant’s failure to challenge sub-division patta negates claim of undivided ownership. The legal heirs’ rights under Section 15(1) include husband and sons of female Hindu affecting property shares, which was overlooked by courts below. (Paras 18, 20)

Result: This second appeal is allowed; the judgment of the trial and first appellate courts is set aside; the suit is dismissed.

Table of Content
1. details of property ownership and oral partition claims (Para 2 , 3 , 12 , 13)
2. assessment of oral partition and interpretation of succession laws (Para 7 , 8 , 10 , 18 , 20)
3. arguments and evidentiary analysis on oral partition and patta (Para 9 , 14 , 15 , 16 , 21)
4. application of hindu succession act to legal heirs' claims (Para 19)

JUDGMENT

The appellant is the first defendant. The suit has been filed by the plaintiff for partition of his ½ share in the suit property. The trial Court decreed the suit and passed a preliminary decree in respect of the ½ share in the suit property in favour of the plaintiff. The defendant filed an appeal. The appeal has also been dismissed by confirming the judgment of the trial Court. Now the defendants have preferred this second appeal.

2. The short facts pleaded by the plaintiff in the plaint in brief as under:-

The plaintiff's father and the defendant's father, viz., Joki Gounder had two wives. The plaintiff born to Joki Gounder through his first wife, viz., Parvathammal and the defendant born to Joki Gounder through his second wife, viz., Pattu Ammal. The plaintiff's mother Parvathammal predeceased her husband Joki Gounder. Joki Gounder died 40 years ago. The suit property is the ancestral property and the plaintiff and defendant are enjoying the properties according to their convenience. The plaintiff is a retired teacher. When he was working as a teacher, the defendant alone was cultivating the entire property and dividing the profits in equal shares. Subsequent to the retirement of the plaintiff, he has taken up the cultivation of the portion of the property and the defendant is enjoying the property after digging up a Well. The plaintiff did not claim any share in the Well. The defendant claims 3 acres 59 cents in the suit property as though it is given to him through partition and he has also stated that the plaintiff is entitled to 1 acre 10 cents in the suit property, which is not correct. The plaintiff is entitled to ½ share out of 4 acres 69 cents of the suit property. Since the defendant had got obtained Patta in respect of 3 acres 59 cents in the suit properties and attempted to tress-pass over the suit properties under the enjoyment of the plaintiff in Survey No.169/3 (which belongs to his mother), the plaintiff has filed this suit for partition.

3. The defendant resisted the suit by filing a written-statement, which is in brief :-

The plaintiff's mother died during delivery. The plaintiff's father married the defendant's mother, viz., Pattu Ammal, when the plaintiff was 8 years old. After four years, the defendant was born to Pattu Ammal. Pattu Ammal only arranged marriage for the plaintiff in the year 1974, subsequent to the death of his father and thereafter, there was an oral partition taken place in which an extent of 1 acre 98 cents in Survey No. 169/3 which stood in the name of the plaintiff's mother for an extent 1 acre in Survey No. 169/2 and totally 2 acres 98 cents was given to the plaintiff and the plaintiff is enjoying both the properties by having a common sub-divided Survey No. 169/2A. The remaining extent in Survey No. 169/2 measuring an extent of 3 acres 59 cents was allotted to the share of the defendant and he is enjoying the same by getting a sub-divided Survey No. 169/2B. So the plaintiff and the defendant are in enjoyment of their respective shares separately after the partition. The UDR patta has been effected in the year 1987 in accordance with the oral partition. In view of the prior notice, the plaintiff has filed a suit and there is no merits.

4. On the basis of the above pleadings, the trial Court has framed the following issues:-

(1)Whether the plaintiff is entitled to obtain at first instance, judgment by allocating one portion of the suit property, dividing it into 2 equal parts, and on that basis, to obtain a separate interest and to file a petition for the final judgment?

(2)Whether the permanent injunction relief sought by the pl

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IN THE HIGH COURT OF JUDICATURE AT MADRASHonourable Ms Justice R.N.MANJULAThe appellant – AppellantVersusThe plaintiff – RespondentA.S. No.22 of 2011

Oral partition supported by official revenue records and admissions precludes claims of undivided ownership; legal heirs include husband and sons under Hindu Succession Act affecting inheritance shares.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms Justice R.N.MANJULA
The appellant – Appellant
Versus
The plaintiff – Respondent
A.S. No.22 of 2011