AI Overview...
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Eo Nominee Filing Suit for Declaration - The sources indicate that filing a suit solely for declaration without canceling or challenging the earlier document made by the father is generally not sustainable, especially if the suit aims to alter the rights or titles established by that document. Courts have held that such suits are barred by limitation if they seek to challenge or declare the validity of prior documents without appropriate prayers for cancellation or nullification M. Panneerselvam VS Susseela - Madras.
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Suit for Declaration Without Cancellation Prayer - Several cases highlight that a suit for declaration of title or ownership, filed without a specific prayer to set aside or nullify the earlier partition deed or document, may be considered incomplete or not maintainable. For instance, a suit filed without seeking to declare a partition deed null and void is often dismissed or deemed not sustainable A. Suresh VS Minor. Pavishna, Represented by next friend and mother Revathi @ Loganayagi - Madras, P. K. Rangayyan VS P. K. Chinnasami - Madras.
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Nominee and Eo-Nominee Parties - The concept of eo-nominee parties is discussed, where a nominee or an individual designated as a nominee in a document (like a will or deed) is recognized as having a limited interest unless a proper declaration or challenge is made. Filing a suit without addressing the nominee's rights or without seeking cancellation does not alter the validity of the original document Sekar VS Sivakumaran - Madras.
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Limitation and Procedural Aspects - Courts have emphasized that suits seeking declarations are subject to limitation periods. Filing a suit without proper prayers or within the prescribed time may lead to dismissal. Also, suits for declaration and possession or partition are maintainable even without challenging the previous partition deed if the prayer is appropriately framed P. K. Rangayyan VS P. K. Chinnasami - Madras.
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Main Point and Insights - Overall, the main insight is that a plaintiff cannot simply seek a declaration of ownership or rights without also requesting the cancellation or nullification of earlier documents if such documents are to be challenged. Filing a suit solely for declaration without cancellation or specific relief is often barred or dismissed, especially if the suit aims to alter established rights through prior deeds or partition agreements M. Panneerselvam VS Susseela - Madras, A. Suresh VS Minor. Pavishna, Represented by next friend and mother Revathi @ Loganayagi - Madras, Karuppaiah VS Karthick - Madras.
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References - The summarized points are supported by multiple case references, notably M. Panneerselvam VS Susseela - Madras, A. Suresh VS Minor. Pavishna, Represented by next friend and mother Revathi @ Loganayagi - Madras, Karuppaiah VS Karthick - Madras, R. Muthammal VS Narmada - Madras, and others, which clarify the procedural and substantive requirements for suits involving declarations and earlier documents made by a father or nominee.
Search Results for "Eo Nominee Filed Suit for Declaration Without Cancellation the Earlier Document Made by Father"
2016 0 Supreme(Mad) 3722 • India - Madras
T.RAVINDRAN
aside the same and without such prayer, the suit is not sustainable in relation to those documents - In light of above decision, ... laid by plaintiffs for relief of declaration as such, is barred by limitation - The argument that plaintiffs suit for declaration ... limitation - Seeks not to transfer patta in favour of first defendant - Second appeal - Defendants 2 and 3 are father and mother ... Therein, it has been held that where minor is eo-nominee#HL_EN....
2021 0 Supreme(Mad) 754 • India - Madras
T.RAJA, G.CHANDRASEKHARAN
filed without a prayer for declaration that Ex.B1-partition deed is null and void and not binding on the first respondent (or) without ... to 2/6 share in the suit properties is correct – Whether the suit filed without a prayer for setting aside the partition deed is ... that the appellant is her father, respondents 2 and 3 are mother and sister of the appellant. ... In this view of the matter, this Court finds that the argument adv....
2016 0 Supreme(Mad) 3948 • India - Madras
S.S.SUNDAR
for declaration that suit properties belongs to plaintiff and for recovery of possession – Registered partition – Sharers - Decreed ... are in enjoyment of respective sharers - Plaintiffs mother and father died - Since plaintiff was a minor then, a petition was filed ... father was allotted suit properties and other properties - After partition, properties were allotted to individual shares and they ... The appellants have filed the Suit in respect o....
1975 0 Supreme(Mad) 157 • India - Madras
NATARAJAN
The compromise decree in the earlier partition suit was a document that purported to create, declare, and assign rights, titles, ... Fact of the Case: Plaintiff filed a suit seeking declaration of title, partition, and possession of certain properties ... The properties were the subject of an earlier partition suit, O.S. 134 of 1969, which was compromised and resulted in a compromise ... In that case, a Hindu son filed a #HL_START....
2005 0 Supreme(AP) 802 • India - Andhra Pradesh
S. on file of III additional Judge, City Civil Court, Hyderabad, one filed for declaration of title and other reliefs inclusive of ... relief of possession and yet another suit filed praying for relief of specific performance of reconveyance in relation to self-same ... – Pecuniary jurisdiction – These two appeals are preferred as against Judgments and decrees made in O. ... "the suit is filed praying for declaration of title and also for consequenti....
2018 0 Supreme(Mad) 2305 • India - Madras
T.RAVINDRAN
for partition is maintainable without a prayer for setting aside earlier partition under Ex -A3 entered into by parties - Considering ... has been laid by plaintiff for partition and also for relief of declaration - relief of declaration is sought for by plaintiff as ... regards partition deed marked as Ex -A3 and plaintiff by way of suit seeks relief of declaration that above said partition deed ... P.B.Lakshmanaswamy Naidu & ten others, 1996 (1) CTC 661, therein, it has been held tha....
1979 0 Supreme(Mad) 158 • India - Madras
S.NATARAJAN
Court-fees and Suits Valuation Act, 1955-Section 40 (1)-Compromise decree in a suit for partition-Suit filed to set aside compromise ... In that case a Hindu son filed a suit against his father and a mortgage decree-holder for a declaration thai the mortgage executed by the father in respect of the joint family property was null and void for want of legal necessity and consideration. ... Nere Devi 4, wherein it was held that when a plaintiff alleged ....
2011 0 Supreme(Mad) 1963 • India - Madras
G.RAJASURIA
of the Case: The plaintiffs filed a suit seeking declaration and permanent injunction concerning a land. ... The Limitation Act - Suit for declaration and permanent injunction - Ex.A4 sale deed executed by mother of plaintiffs - Whether ... The trial court dismissed the suit, but the appellate court reversed the finding and decreed the suit. ... ... It is therefore clear that if all the plaintiffs happened to be the eo-nominee parties to Ex.A4, the....
2011 0 Supreme(Mad) 1972 • India - Madras
G.RAJASURIA
Fact of the Case: The plaintiffs filed a suit seeking declaration and permanent injunction concerning a land dispute ... Limitation - Suit for Declaration and Permanent Injunction - Articles 58 and 60 of the Limitation Act - The court discussed the ... applicability of Articles 58 and 60 of the Limitation Act in the context of a suit for declaration and permanent injunction concerning ... Whether the first appellate court is correct in passing the decree and judgmen....
1993 0 Supreme(P&H) 430 • India - Punjab and Haryana
N.K.KAPOOR
After Amar Singh's death, the appellants filed a suit for declaration of ownership and possession of the land, while Bakshish Singh ... Bakshish Singh was entitled to the succession certificate as he was the nominee of Amar Singh. ... Finding of the Court: The Trial Court dismissed the appellants' suit and granted Bakshish Singh's application for a ... Both the Courts after examining the evidence on record have found no fault with this document. All the same this document#H....
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