IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 09.09.2025 PRONOUNCED ON : .12.2025 CORAM:

THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE S.A. No.788 of 2014 and MP No . 1 of 2014

1. P.Yuvaraj Son of Periyasamy @ Periyasamy Gounder Deivapuram R.N.Pudur Post Erode – 5 Erode Taluk, Erode District.

2. Santhi @ Vijaya Nirmala Devi Wife of Sami @ Murugesan Daughter of Periyasamy @ Periyasamy Gounder Valkkalpalayam Thottipalayam Post Bhavani Taluk Erode District.

3. Sundarambal @ Soundarammal (died)

wife of Late.Periyasamy @ Periyasamy Gounder Deivapuram R.N.Pudur Post Erode – 5 Erode Taluk Erode District. ...Appellants Versus Ramasamy @ Ramasamy Gounder (died)

Son of Palanisamy Gounder Indhirapuram R.N.Pudur Post Erode – 5 Erode Taluk, Erode district.

1. Gopalakrishnamurthi Son of Ramasamy @ Ramasamy Gounder

100, Indhirapuram R.N.Pudur Post Erode – 5 Erode Taluk, Erode District. 2. Thamilselvi wife of Ganesamurthi

30, Killampatti T.Mettupalayam Post Erode Taluk Erode District.

3. Saraswathi wife of Ramasamy @ Ramasamy Gounder

100, Indhirapuram R.N.Pudur Post Erode – 5 Erode Taluk Erode District.

4. Revenue Divisional Officer (Land Acquisition Officer)

Having office at Brough Road, Erode – 1 ... Respondents PRAYER in S.A.:

Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 06.07.2013 made in A.S.No.75 of 2011 on the file of the II Additional District Court, Erode reversing the finding of the judgment and decree dated 29.03.2011 made in O.S.No.659 of 2003 on the file of the Principal Sub Court, Erode.

PRAYER in MP.No.1 of 2014:

To stay the judgment and decree dated 06.07.2013 made in A.S.No.75 of 2011 on the file of the II Additional District Court, Erode reversing the judgment and decree dated 29.03.2011 made in O.S.No.659 of 2003 on the file of the Principal Sub Court, Erode.

APPEARANCE OF PARTIES:

For Appellant : Mr.T.P.Manoharan Senior Counsel for Mr.M.Guruprasad For Respondents : Mr. N.Manoharan for R1 to R3 Mr.V.Venkata Seshaiya Government Advocate for R4

JUDGMENT

Heard.

2. This Second Appeal is filed against the judgment and decree dated 06.07.2013 passed by the II Additional District Judge, Erode, in A.S. No.75 of 2011, reversing the judgment and decree dated 29.03.2011 passed in O.S. No.659 of 2003 by the Principal Subordinate Judge, Erode.

3. The appellants herein are the defendants in the suit. For the sake of convenience, the parties are referred to as they are arrayed in the suit.

4. The brief facts necessary for disposal of this Second Appeal are as follows: The plaintiffs filed the suit for partition of the suit schedule properties and for allotment of half share to them. The suit properties consist of both ancestral and joint family properties. The defendants resisted the suit contending that the suit properties had already been partitioned between the first plaintiff and his brother late Periyasamy under Ex. B1 dated 12.07.1979, and that the parties have been enjoying the properties in accordance with the said document. The plaintiffs, on the other hand, contended that Ex. B1 is an unstamped and unregistered document, and hence inadmissible in evidence, and therefore the suit deserves to be decreed.

5. The Trial Court held that Ex. B1 merely records a past partition and therefore does not require registration, and consequently dismissed the suit. The First Appellate Court, however, held that the alleged partition under Ex. B1 was not a past transaction but a present arrangement, and therefore required compulsory registration; being unregistered, Ex. B1 could not be relied upon as a document of partition. The appellate court further held that Ex. B1 is at best an agreement and not a completed partition, and accordingly reversed the Trial Court’s findings and decreed the suit.

6. In this Second Appeal, at the time of admission, the following substantial questions of law are framed:

1. Whether the first appellate Court is right in rejecting the partition deed, dated 12.07.1979 (Exhibit B