Vs
Case brief
What is this about?
In a second appeal regarding disputed property title, the court dismissed the plaintiff appellant's challenge to a partition arrangement. The court upheld the find that an unregistered memorandum of understanding validly conveyed rights over auction-purchased joint family property despite the father being alive, reversing the trial court's decree.
What did the court decide?
Second appeal dismissed; First Appellate Court judgment upheld; no order as to costs.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 03.01.2017 Pronounced on : 10.01.2017
CORAM
THE HON'BLE DR. JUSTICE G.JAYACHANDRAN
Second Appeal No.661 of 1993
& C.M.P.No.7417 of 1993 Ayyakannu .. Appellant/Respondent/Plaintiff versus 1. Sellappa Udayar (died) 2. Manickam 3. Tmt.Mani 4. Mahendran 5. Kumar 6. Ravi (Respondenets 3 to 6 are brought on record as Lrs of the deceased first Respondent vide order of the court dated 19.03.2004
made in C.M.P.Nos.4451 to 4453 of 2004) .. Respondents/ Appellants/Defendants
Second Appeal filed under Section 100 of Civil Procedure Code against the judgement and decree of the District Judge (Principal District Judge), Tiruchirappalli in A.S.No.135 of 1992, dated 30.06.1992, reversing the judgement and decree of the District Munsif Court, Perambalur in O.S.No.157 of 1988, dated 30.10.1990.
The plaintiff is the appellant herein. The suit filed by the appellant for declaration and injunction was allowed by the Trial Court. However, the first Appellate Court reversed the finding of the trial Court. Aggrieved by the reversing judgment, the present appeal is preferred.
- The parties are described as per their rank and status
Issues for consideration
3 issues framed by the court
Whether an unregistered Muchalika is a valid document for conveying title to property purchased in a public auction?
Whether the lower appellate court was correct in relying on an unregistered document to hold respondents entitled to suit property?
Whether the burden of disproving an alleged executed document shifts to the plaintiff when the original is produced via independent witness?
Parties & counsel
- appellant
Ayyakannu
- respondent
Sellappa Udayar (died)
- respondent
Manickam
- respondent
Tmt.Mani
- respondent
Mahendran
- respondent
Case details
As recorded by the court registry
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