Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Murali Shankar, J
Rajalingam – Appellant
Versus
Ramalinga Nadar (died) – Respondent
| Table of Content |
|---|
| 1. second appeal against partition judgment (Para 1 , 2) |
| 2. plaintiff's claim for property ownership (Para 5 , 10 , 16) |
| 3. burden of proof for joint property (Para 8 , 11 , 19 , 22 , 24) |
| 4. final outcome of appeal (Para 36 , 38 , 39) |
JUDGMENT
The Second appeal is directed against the judgment and decree made in A.S.No.39 of 2010, dated 26.06.2012 on the file of the Subordinate Court, Ambasamudram, confirming the judgment and decree passed in O.S.No.45 of 2004, dated 24.01.2006 on the file of the Principal District Munsif Court, Ambasamudram.
2. The appellant herein is the plaintiff in the suit. He laid the suit in O.S.No.45 of 2004 originally seeking partition and separate possession of his ½ share in the suit properties. Pending suit, the first defendant, who is the father of the plaintiff and the second defendant, died and consequently, the plaint came to be amended seeking declaration of title over the entire suit properties or in the alternative, for partition and separate possession of 5/6 share in the suit properties and for mesne profits.
3. For the sake of convenience and brevity, the parties hereinafter referred as per their ranking/status before the trial Court.
4
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
