properties derived by first Defendant are his separate properties

 citation

CDJ 2017 MHC 201

 

S. A. No. 59 of 2011 & M.P. No. 1 of 2011

Parties

Chinna Palanisamy Gounder Versus Latha & Others

Head Note

 

Hindu Succession Act, 1956 – Section 8, Section 4, Section 19, Section 30 – Partition – Claim maintenance – Trial Court dismissed suit as far as claim of third Plaintiff seeking partition relief in respect of suit properties and also, charge relief sought for by first Plaintiff – First Appellate Court had dismissed cross appeal filed by Plaintiffs and also dismissed appeal filed by second Defendant -

Court held – when it is found that as per law, properties derived by first Defendant are his separate properties, Courts below have erred in findings fault on part of defendant in describing suit properties as his own properties in sale transaction – suit properties are separate properties of first Defendant and when there is no impediment on his part to alienate same and when as found earlier, first Defendant is not shown to have been indulging in illegal/immoral activities or excluded Plaintiffs and discarded their interest and welfare – Further, when it is found that suit properties are separate properties of first defendant, claim of 2/3 share by second & third Plaintiffs on footing that suit properties are joint family properties of first Defendant and second & third Plaintiffs was completely ruled out – Therefore, it could also be seen that second & third Plaintiff and in particular, second Plaintiff was not entitled to claim any share in properties as suit properties are separate properties of first defendant – Judgment and decree of courts below are set aside and suit filed by Plaintiff is dismissed in toto – Appeal allowed.

(Paras 25, 26)

Cases Referred:
AIR 1996 Supreme Court 2371 (Sri Narayan Bal and others Vs. Sridhar Sutar and others),
(1990) 3 Supreme Court Cases 68 (Manibhai and others Vs. Hemraj and others)
2005-1-L.W.628 (Pandiarajan and four others Vs. Korangi Thyagarajan and seventeen others).
AIR 1996 Supreme Court 2371 (Sri Narayan Bal and others Vs. Sridhar Sutar and others),
(1990) 3 Supreme Court Cases 68 (Manibhai and others Vs. Hemraj and others)
AIR 1979 MADRAS 1 (The Additional Commissioner of Income-tax, Madras-1 V. P.L.Karuppan Chettiar),
1993 Supp (1) Supreme Court Cases 580 (Commissioner of Income Tax V. P.L.Karuppan Chettiar),
(1986) 3 Supreme Court Cases 567 (Commissioner of Wealth Tax, Kanpur and Others V. Chander Sen And Others),
(2008) 3 Supreme Court Cases 87 (Bhanwar Singh V. Puran And Others)
(2016) 4 Supreme Court Cases 68 (Uttam V. Saubhag Singh and Others).
(2010) 10 Supreme Court Cases 458 (Pralhad and others V. State of Maharashtra and another.

Comparative Citation:
2017 (1) MLJ 759