Son entitled to sue for partition of properties, inasmuch as they were alloted to his father at partition
Citation
CDJ 2017 MHC 3305
M.Krishnamoorthy vs pondeepenkar
Head Note
Civil Procedure Code - Section 96 - Partition - whether son born after 1956 would be entitled to seek partition as coparcener of property allotted to his father at partition between his father and brothers, or his father or his grandfather and others? To put it in otherwise, whether son born after 1956 would be entitled to file suit for partition of property that devolved on his father under Section-6, even during life time of his father – Hence this appeal -
Court held - Plaintiff was entitled to sue for partition of properties, inasmuch as they were alloted to his father at partition that took place in 1984 as coparcener of joint Hindu family and Plaintiff would essentially have right by birth to seek partition - Trial Court granted decree only in respect of those properties that fell to share of father, third Defendant in partition and not to other properties - Court did not find any illegality or irregularity warranting interference by me - Court confirmed judgment and decree of Trial Court - appeal dismissed.
(Paras: 29, 30, 31)
Cases Referred:
The Oriental Fire and General Insurance Company vs. Panapati Devi reported in 1989 2 ACC 617.
Additional Commissioner of Income Tax Madras-I vs. P.C.Karuppan Chettiar (AIR 1979 Mad 1).
Gurupad Khandappa Magdum vs. Hirabai Kahandappa Magdum and Ors. reported in AIR 1978 SC 1239
Commissioner of Wealth Tax vs. Chander Sen etc. reported in AIR 1986 SC 1753
Yudhishter v. Ashok Kumar reported in 100 LW 356.
Bhanwar Singh vs. Puran and Ors. reported in 2008 3 SCC 87,
M.Yogendra and Ors. v. Leelamma N. and Ors. reported in 2009 15 SCC 184.
Uttam vs. Saubhag Singh & Ors. reported in 2016 4 LW 309,
Dharma Shamrao Agalawe vs. Pandurang Miragu Agalawe & Ors 1988 SCC (2) 126;
Rohit Chauhan v. Surinder Singh reported in (2013) 9 SCC 419
Anar Devi vs. Parmeshwari Devi reported in (2006) 8 SCC 656
Prakash vs. Phulavathi 2016 (2) LW 865
Vaishali S.Ganarkar v. Satish Keshavrao Ganorkar and others, AIR 2012 Bombay 101.
Badrinarayan Shankar Bhandari vs. Omprakash Shankar Bhandari., AIR 2014 Bombay 151.
Sheela Devi vs. Lal Chand 2006 (8) SCC 581;
Banwar Singh vs. Puran & others 2008 (3) SCC 87 and
Mr.Yogendra vs. Leelamma & others 2009 (15) SCC 184
Balhar Singh vs. Sarwan Singh & Anr. Civil Appeal No.3022 of 2006, reported in 2015 (2) RCR (Civil) 1012.
Amar Singh Yadav and anr. vs. Shanti Devi and Ors. reported in 1987 Patna 191.
Neyveli Lignite Corporation Limited vs. Special Tahsildar (Land Acquisition) Lignite Projected reported in 1998 2 LW 79.
Special Thasildhar (Land Acquisition), Vembakottai Reservoir Scheme, Srivilliputhur vs. Seeni Naicker & two others Manu/TN/1891/1998.
Comparative Citations:
2017 (2) LW 818, 2017 (3) CTC 170, 2017 (4) MLJ 571, 2017 (2) MWN(Civil) 768,
Court held - Plaintiff was entitled to sue for partition of properties, inasmuch as they were alloted to his father at partition that took place in 1984 as coparcener of joint Hindu family and Plaintiff would essentially have right by birth to seek partition - Trial Court granted decree only in respect of those properties that fell to share of father, third Defendant in partition and not to other properties - Court did not find any illegality or irregularity warranting interference by me - Court confirmed judgment and decree of Trial Court - appeal dismissed.
(Paras: 29, 30, 31)
Cases Referred:
The Oriental Fire and General Insurance Company vs. Panapati Devi reported in 1989 2 ACC 617.
Additional Commissioner of Income Tax Madras-I vs. P.C.Karuppan Chettiar (AIR 1979 Mad 1).
Gurupad Khandappa Magdum vs. Hirabai Kahandappa Magdum and Ors. reported in AIR 1978 SC 1239
Commissioner of Wealth Tax vs. Chander Sen etc. reported in AIR 1986 SC 1753
Yudhishter v. Ashok Kumar reported in 100 LW 356.
Bhanwar Singh vs. Puran and Ors. reported in 2008 3 SCC 87,
M.Yogendra and Ors. v. Leelamma N. and Ors. reported in 2009 15 SCC 184.
Uttam vs. Saubhag Singh & Ors. reported in 2016 4 LW 309,
Dharma Shamrao Agalawe vs. Pandurang Miragu Agalawe & Ors 1988 SCC (2) 126;
Rohit Chauhan v. Surinder Singh reported in (2013) 9 SCC 419
Anar Devi vs. Parmeshwari Devi reported in (2006) 8 SCC 656
Prakash vs. Phulavathi 2016 (2) LW 865
Vaishali S.Ganarkar v. Satish Keshavrao Ganorkar and others, AIR 2012 Bombay 101.
Badrinarayan Shankar Bhandari vs. Omprakash Shankar Bhandari., AIR 2014 Bombay 151.
Sheela Devi vs. Lal Chand 2006 (8) SCC 581;
Banwar Singh vs. Puran & others 2008 (3) SCC 87 and
Mr.Yogendra vs. Leelamma & others 2009 (15) SCC 184
Balhar Singh vs. Sarwan Singh & Anr. Civil Appeal No.3022 of 2006, reported in 2015 (2) RCR (Civil) 1012.
Amar Singh Yadav and anr. vs. Shanti Devi and Ors. reported in 1987 Patna 191.
Neyveli Lignite Corporation Limited vs. Special Tahsildar (Land Acquisition) Lignite Projected reported in 1998 2 LW 79.
Special Thasildhar (Land Acquisition), Vembakottai Reservoir Scheme, Srivilliputhur vs. Seeni Naicker & two others Manu/TN/1891/1998.
Comparative Citations:
2017 (2) LW 818, 2017 (3) CTC 170, 2017 (4) MLJ 571, 2017 (2) MWN(Civil) 768,
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