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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, R.VIJAYAKUMAR, JJ
Smt.Vijaya – Appellant
Versus
Rajkumar (Died) – Respondent
| Table of Content |
|---|
| 1. understanding the context of the partition suit initiated by the plaintiff against family members. (Para 1 , 4 , 5) |
| 2. examination of claims to properties based on ancestral vs. self-acquired status. (Para 19 , 26 , 34) |
| 3. legal clarity on property ownership and the distinction between ancestral and self-acquisition. (Para 39 , 40 , 49) |
| 4. final ruling regarding the appeal and its implications for partition claims. (Para 51 , 52) |
COMMON JUDGMENT
C.V.KARTHIKEYAN, J.
The seventh defendant in O.S.No.45 of 2008 on the file of the II Additional District and Sessions Court, Thanjavur, is the appellant herein, aggrieved by the judgment and decree dated 29.11.2018, whereby a preliminary decree was passed in the suit for division of all the suit properties except the fourth item in Part–I of Schedule “D” of the suit schedule properties.
2. The contention of the appellant is that all the properties falling under Schedule “D” ought to have been excluded from partition.
3. The plaintiffs in the said suit have filed a Cross Objection, challenging that portion of the decree by which the fourth item in Part–I of Schedule “D” was exempted from partition.
4. The suit in O.S.No.45 of 2008
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