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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.Arul Murugan, J
K.Periyammal – Appellant
Versus
K.Karuppanagounder (Died) – Respondent
| Table of Content |
|---|
| 1. appeal on judgment concerning property dispute. (Para 1 , 2) |
| 2. dispute arises from the cancellation of a settlement deed. (Para 3 , 4 , 5 , 12) |
| 3. trial court favored plaintiff based on presented property rights. (Para 6 , 7) |
| 4. legal principles defining co-ownership and applicable remedies. (Para 8 , 9 , 25 , 30) |
| 5. court ruled cancellation void; limitations on co-owners. (Para 11 , 24 , 26) |
JUDGMENT
The plaintiff is before this court on appeal. The Second Appeal is filed challenging the judgment and decree, dated 11/06/2018 made in AS No.115 of 2017 on the file of the Additional District Court, Palani, reversing the judgment and decree, dated 07/02/2014 passed in OS No.162 of 2010 on the file of the District Munsif Court, Ottanchathiram.
2.For the sake of convenience, the parties are referred to, as per their litigative status before the trial court.
3.It is the case of the plaintiff that the plaintiff is the daughter of the defendant Karuppanna Gounder. Karuppanna Gounder also had a son namely Karuppusamy. The suit properties are the ancestral properties belonging to the plaintiff, defendant and her brother Karuppusamy. There was a partition effected on 11/10/1995 th
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