Father of Plaintiff died 15 years before filing of Suit and her Grandfather, original Owner of properties, passed away 30 years ago - Respondents have possession and Patta since 1985 - No proof led in by Plaintiff to establish joint possession - Partition suit dismissed

Citation 

2022 (2) MWN (Civil) 109 (Mad)

IN THE HIGH COURT OF MADRAS (Madurai Bench)

S. Ananthi, J.

A.S.(MD) No. 139 of 2009

January 27, 2022

Vellapandian @ Thanga Arumugasamy Nayakkar

...Appellant

Duraiappan (died). 2. Vellimalai Pandiyan @ Kamayasamy Nayakkar. 3. Sivashanmuga Kamaya Naicke 4. Ravichandran. 5. Rajammal. 6. Vidyavathi. 7. Srimathi. [R-2 to R-7/D-2 to D-7] 8. Maarikanpandian (died). 9. Ramaraja. 10. Lakshmuraja, 11. Anantharajan (died). 12. Inbavalli. 13. Kalarani. 14. Thilagarani. 15. M. Vimala. 16. M. Nirmala. 17. M. Sakkesh. [R-8 to R-13 are brought on record as LRs of deceased R-1 vide Court Order, dated 9.3.2020] [R-14 to R-17 are brought on record as LRs of the deceased R-8 vide Court Order, dated 8.4.2021] [R 8 to R-17]

HINDU SUCCESSION ACT, 1956 (30 of 1956), Section 6-Suit for Partition-Limitation Father of Plaintiff died 15 years before filing of Suit and her Grandfather, original Owner of properties, passed away 30 years ago - Respondents have possession and Patta since 1985 No proof led in by Plaintiff to establish joint possession Rights of Daughter, held, ousted on account of passage of time- Decree passed in favour of her, set aside - Appeal allowed. [Paras 8 to 11]

CASES REFERRED

...Respondent