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IN THE HIGH COURT OF JUDICATURE AT MADRAS
, J
MOOKKAMMAL – Appellant
Versus
V.KARUPPANAN(died) – Respondent
| Table of Content |
|---|
| 1. partition suit over ancestral property by wife and children (Para 1 , 2 , 3 , 4 , 5) |
| 2. defence, issues framed and evidence led at trial (Para 6 , 7 , 8 , 9 , 10) |
| 3. facts of mortgage and subsequent sale of ancestral property (Para 11 , 12 , 13 , 14 , 15) |
| 4. whether sale is mere security or absolute conveyance (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 5. legal necessity for sale binding on minors established (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 6. limitation and necessity of cancellation prayer for minors (Para 35 , 36 , 37 , 38 , 39 , 40 , 41) |
| 7. second appeal dismissed; costs to third defendant (Para 42) |
JUDGMENT
1.The second appeal is directed against the judgment and decree made in A.S.No.29 of 2014, dated 05.04.2016 on the file of the Subordinate Judge, Paramakkudi, confirming the judgment and decree passed in O.S.No.58 of 2010 on the file of the learned District Munsif cum Judicial Magistrate, Kamudhi.
2.The appellants are the plaintiffs 1 to 5. They along with fourth respondent Sekar, filed a suit in O.S.No.58 of 2010, before the District Munsif cum Judicial Magistrate, Kamudhi, claiming partition and allotment of 6/8 shares in the suit pr
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