Saroja vs R.Paramasivam - 2026 Supreme(Mad) 1140

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2026 Supreme(Mad) 1140

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Kumaresh Babu, J
Saroja – Appellant
Versus
R.Paramasivam – Respondent

Advocates:
For Appellant(s): Mr.T.Murugamanickam (Senior Counsel), Ms.Zeenath Begum
For Respondent(s): Mr. V.S.Kesavan (R3)

Table of Content
1. plaintiff claims joint family partition; defendants assert separate property and relinquishment. (Para 2 , 3 , 4 , 5 , 6)
2. trial court evidence and findings reject joint property claim. (Para 7 , 8 , 9 , 10)
3. appellant contests will proof; respondent defends family arrangement and will. (Para 11 , 12 , 13 , 14 , 15)
4. suit properties not joint family; devolve under hsa sections 8,15. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22)
5. will validly proved by attesting witness; appeal dismissed. (Para 23 , 24 , 25 , 26)

JUDGMENT :

K. KUMARESH BABU, J.

The present Appeal Suit has been filed seeking to set aside the judgment and decree dated 29.04.2017 made in O.S.No.161 of 2024 on the file of the Additional District Court-I, Erode.

2. The case of the Plaintiff is that she is the daughter of the 1st defendant and older sister of the 2nd defendant. The plaintiff along with the 1st and 2nd defendants are the Hindu Joint Family members and the suit schedule properties are the joint family properties, which were jointly enjoyed by the Plaintiff and the defendants. When plaintiff demanded her share in the suit schedule properties orally, defendants delayed to give her share and hence

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2026 Supreme(Mad) 1140

IN THE HIGH COURT OF JUDICATURE AT MADRASK.Kumaresh Babu, JSaroja – AppellantVersusR.Paramasivam – Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Kumaresh Babu, J
Saroja – Appellant
Versus
R.Paramasivam – Respondent