Vidhya v. Saraswathi
Case brief
What is this about?
Second appeal by a purchaser against a decree partitioning family property. Appeal dismissed without being admitted as the High Court upheld lower courts' finding that the conveying sale deed was executed after the vendor’s death, invalidating title.
What did the court decide?
Appeal dismissed without being admitted; connected miscellaneous petitions closed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.11.2019 CORAM: THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN S.A.No. 295 of 2014 & CMP.No.12540 of 2016
Vidhya
..Appellant/Appellant/ 2nd Respondent Vs.
1.Saraswathi 2.P.Saravanakumar ..plaintiffs 3.Chitra 4.P.Santhi ..1st Respondent in OS 5.P.K.Rangaya @ Agri ..3rd Respondent in OS
Prayer: Memorandum of Second Appeal filed under Section. 100 of C.P.C. against the judgment and decree dated 06.08.2013 made in A.S.No. 31 of 2013 on the file of the Principal District Judge, Erode as conformed the judgment dated 29.09.2010 made in O.S.No. 35 of 2009 on the file of the Sub-Ordinate Judge at Bhavani.
For Appellant : Mr.S.Udayakumar For Respondents : Mr. Titus Enock for Mr.J.C.Vasudevan J U D G M E N T
The second defendant in O.S.No.35 of 2009 having suffered a decree for partition and separate possession of the plaintiffs 3/4th share in the suit 'A' and 'B' schedule properties at the hands of the Courts below has come up with this second appeal.
- The case of the plaintiffs is that the suit properties belonged to one Palanisamy. According to the plaintiffs, the said Palanisamy had married the first plaintiff and out of the said wedlock the plaintiffs 2 and 3 were born. It is further claimed that Palanisamy developed intimacy with the first defendant and out of the said relationship the second defendant was born to Palanisamy and the first defendant. The second defendant is said to be the illegitimate daughter of Palanisamy. It is claimed that the suit properties belonged to Palanisamy by virtue of sale deeds of the year 1983 and 1985. According to the plaintiff, Palanisamy died on 16.10.2008 and upon his death,
Issues for consideration
3 issues framed by the court
Whether the second defendant has a valid title to the suit properties based on a sale deed executed after the death of the principal grantor.
Whether the conclusions of the Courts below were perverse in finding that the sale deed was antedated and executed post-death.
Whether to admit the pending miscellaneous petition to produce an agreement of sale.
Parties & counsel
- appellant
Vidhya
- respondent
Saraswathi
- respondent
P. Saravanakumar
- respondent
Chitra
- respondent
P. Santhi
Case details
As recorded by the court registry
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