Balambal v. Suseela
Case brief
What is this about?
This second appeal challenges a decree confirming a lower court judgment that dismissed one suit seeking partition and decreed another relying on an unchallenged Will. The High Court found no substantial question of law as the Will was genuinently proved and the property was self-acquired.
What did the court decide?
The second appeals were dismissed. Connected miscellaneous petitions were closed. No costs.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 06.04.2017
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
S.A.Nos.514 & 515 of 2011
and
M.P.Nos.1 & 1 of 2011
S.A.No.514 of 2011
Balambal
.. Petitioner
Versus
1. Suseela
2. Panchalai
3. Sivagami .. Respondents
S.A.No.515 of 2011
Balambal
.. Petitioner
Versus
1. Suseela Ammal
2. Panchalai
3. Sivagami
4. Arunachala Gounder
.. Respondents
Prayer in SA.No.514 of 2011:- The Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree dated 29.04.2010 passed in A.S.No.1 of 2003 on the file of the District Judge, Tiruvannamalai confirming the decree and judgment dated 28.06.2002 passed in O.S.No.166 of 1988 on the file of Additional Subordinate Judge, Tiruvannamalai.
Prayer in SA.No.515 of 2011:- The Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree dated 29.04.2010 passed in A.S.No.27 of 2009 on the file of District Judge, Tiruvannamalai confirming the decree and judgment dated 28.06.2002 passed in O.S.No.238 of 1997 on the file of Additional Subordinate Judge, Tiruvannamalai.
For Petitioner : Mr.K.Govi Ganesan Both Appeals
Issues for consideration
2 issues framed by the court
Whether the Subordinate Judge was legally justified in holding that the disputed property was self-acquired by the deceased testator rather than joint family property.
Whether there is any error in holding that the Will executed by the deceased is proven by competent evidence.
Parties & counsel
- appellant
Balambal
- respondent
Suseela
- respondent
Panchalai
- respondent
Sivagami
- respondent
Arunachala Gounder
Case details
As recorded by the court registry
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