THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.07.2025 CORAM THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN A.S.No.801 of 2019 and C.M.P.No.24673 of 2019 Sivapragasam (died)

S/o.late Calappa Mudaliar No.728/130, 3rd Cross Street, Min Nagar, Vengikkal, Thiruvannamalai.

1.S.Tirougnanassambandane, S/o.Sivapragasam, No.18, Sundara Vinayagar Koil Street, Mudaliyarpet, Puducherry. Appellant(s)

Vs Selvaraj Residing at Old No.136, (New No.236, 238 & 240)

Mahatma Gandhi Road, Muthiyalpet, Puducherry Respondent(s)

First Appeal filed under Order XLI Rule 1 r/w Section 96 CPC to set aside the judgment and decree dated 30-08-2019 passed in O.S.No.83 of

2011 on the file of the III Additional District Court, Puducherry.

For Appellant(s): Mr.P.Veeraraghavan For Respondent(s): Mr.S.Bhargavan

JUDGMENT

Unsuccessful plaintiff has preferred the present appeal challenging the judgment and decree dated 30-08-2019 passed in O.S.No.83 of 2011 on the file of the III Additional District Court, Puducherry.

2. Suit is filed for declaring the settlement deed dated 27.12.2010 in Doc.No.5569/10 is invalid and not binding on the plaintiffs and for preliminary decree for partition. The trial Court dismissed the suit.

3 The parties are referred to as per their rankings in the trial Court.

4. The brief case of the plaintiff is as follows:

4.1 Originally, the plaintiff Sivaprakasam filed a suit, pending which, he died and therefore, his legal representative Tirougnanassambandane was brought on record as the second plaintiff. 4.2 Calappa Mudaliar, who is the father of the said Sivaprakasam, had married one Sivagami and they begot five male children viz. Shanmugam, Sivapragasam/first plaintiff (died), Saravanan, Sithanandan and Balasubramanian. The defendant is the son of Shanmugam and grand son of Calappa Mudaliar.

4.3 Calappa Mudaliar was a businessman engaged in imports and exports and he has owned huge properties and also purchased properties in the name of his eldest son viz. Shanmugam. There was no partition between the legal heirs of Calappa Mudaliar till date. The suit schedule property was purchased by Calappa Mudaliar in the name of his eldest son in the year 1957. Calappa Mudaliar died a long time ago leaving his male children as his legal heirs to succeed the suit property.

4.4 Sivaprakasam demanded his brother Shanmugam for an amicable partition and separate possession of the suit property. Shanmugam died on 03.06.2011 leaving the defendant as his legal heir. Sivaprakasam approached the defendant in the first week of July 2011 for partition. The defendant has informed the plaintiff that all the brothers of his father have already relinquished the property in favour of his father Shanmugam vide a release deed dated 14.12.1982. The defendant has also informed that his father has already settled the suit property in his favour through a registered settlement deed dated 27.12.2010. The alleged release deed dated 14.12.1982 and the settlement deed dated 27.12.2010 are not valid and not binding on the plaintiff. Hence the suit.

5 The brief case of the defendant is as follows:

5.1 Calappa Mudaliar died in the year 1987 and on his death, he did not leave any properties either ancestral or self-acquired. The Hindu Succession Act, 1956, was extended to Puducherry with effect from 01.10.1963 and the effect of extension repealed the then existing customary Hindu Law. The defendant denied that the suit property was purchased by Calappa Mudaliar in the year 1957 in the name of his eldest son Shanmugam.

5.2 Shanmugam got married in the year 1952 and he was employed in Government service. The suit schedule property was a self-acquired property of Shanmugam purchased from his own money by the French Notarial sale deed dated 05.10.1957. Shanmugam had availed loan from Puducherry Cooperative Housing Society by mortgaging the land of the suit property to construct a house thereon and executed a French Notarial mortgage deed dated 27.05.1961. Shanmugam had constructed a house and obtained electri