The High Court dismissed a regular first appeal by a plaintiff who appealed against the trial court's dismissal of a partition suit due to lack of produced title documents. The court noted the dispute over property identity but held the appeal was dismissed.
The appeal was dismissed. No costs were awarded in the absence of any successful claim on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 7TH DAY OF OCTOBER 2021 / 15TH ASWINA, 1943
RFA NO. 371 OF 2018
AGAINST THE JUDGMENT & DECREE DATED 24.01.2018 IN OS 44/2013 OF ADDITIONAL SUB COURT, PALAKKAD
APPELLANT/PLAINTIFF:
RAJAMMA, AGED 65 YEARS, D/O.LATE RANGA KOUNDER, W/O.VELUCHAMI, AACHIPETTI POST, NANJAYYAKOUNDEN PUTHUR, POLLACHI TALUK.
BY ADVS. SRI.SAJAN VARGHESE.K. LIJU. M.P
RESPONDENTS/DEFENDANTS:
1 CHINNAMANI, AGED 45 YEARS, S/O.RAJA KOUNDER, KOVILPALAYAM, RAMASSERY POST, ELAPPULLY II VILLAGE, PALAKKAD-678622.
2 SELVAN, AGED 47 YEARS, S/O.RAJA KOUNDER, KOVILPALAYAM, RAMASSERY POST, ELAPPULLY II VILLAGE, PALAKKAD- 678622.
3 PECHIMUTHU, AGED 55 YEARS, S/O.RAJA KOUNDER, KOVILPALAYAM, RAMASSERY POST, ELAPPULLY II VILLAGE, PALAKKAD- 678622.
4 RAJENDRAN, AGED 44 YEARS, S/O.RAJA KOUNDER, KARAMADA, PELLADI POST, M.G.R. COLONY, CHINNATHOTTIPALAYAM, KARAMADAI, COIMBATORE, TAMILNADU- 641 001 .
RFA NO. 371 OF 2018
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5 SAROOJINI, AGED 43 YEARS, D/O.RAJA KOUNDER, KARAMADA, PELLADI POST, M.G.R. COLONY, CHINNATHOTTIPALAYAM, KARAMADAI, COIMBATORE, TAMILNADU – 641 001.
6 SULOCHANA, AGED 37 YEARS D/O.RAJA KOUNDER, KARAMADA, PELLADI POST, M.G.R. COLONY, CHINNATHOTTIPALAYAM, KARAMADI, COIMBATORE, TAMILNADU – 641 001.
7 MARATHA, AGED 40 YEARS W/O.MANOHARAN, EACHANARI, EACHANARI POST, COIMBATORE, TAMILNADU – 641 001.
8 KANNAMMA, AGED 75 YEARS, D/O.RAJA KOUNDER, KARAMADA, PELLADI POST, M.G.R. COLONY, CHINNATHOTTIPALAYAM, KARAMADI, COIMBATORE, TAMILNADU – 641 001.
THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON 07.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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RFA NO. 371 OF 2018
JUDGMENT
The plaintiff is the appellant against the decree and judgment of the trial court in dismissing a suit for partition.
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RFA NO. 371 OF 2018
the suit document in order to get the relief, showing the entitlement thereof. Hence, regarding the dismissal of the suit insofar item No.2 is concerned, no interference is required.
RFA NO. 371 OF 2018
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partition suit by the plaintiff. Further when the plaintiff claims partition, the identity of the property has to be proved initially by the plaintiff.
Without prejudice to the right of the parties to agitate the issue in a properly instituted suit regarding the respective title or dispute thereof, the present appeal is hereby dismissed. No costs.
Sd/-
P.SOMARAJAN
JUDGE
SPV
3 issues framed by the court
Whether partition can be granted without production of documents showing title over the property.
Whether identity of the property claimed can be established in a partition suit.
Whether the appeal should be allowed given the failure to produce title documents.
RAJAMMA
CHINNAMANI
SELVAN
PECHIMUTHU
RAJENDRAN
SAROOJINI
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
