Jayanthi v. Mythili
Case brief
What is this about?
This second appeal challenged a partition decree. The High Court dismissed the appeal, upholding the lower courts' finding that the property was jointly acquired in the names of the parties without evidence of benami transaction.
What did the court decide?
The second appeal was dismissed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 17.06.2019 PRONOUNCED ON: 19.06.2019 CORAM: THE HON'BLE MR.JUSTICE T.RAVINDRAN S.A. No. 613 of 2019 and C.M.P. No.10554 of 2019
Jayanthi ...Appellant/3rd Defendant
Vs.
- Mythili ...R1/Plaintiff 2. R.Jenbagalakshmi 3. P.Padma ...RR2 & 3 /Defendant 1 &2
Prayer: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 31.08.2018 made in A.S.No.19 of 2015 on the file of the Principal District Judge at Thiruvarur confirming the judgment and decree dated 20.01.2015 made in O.S. No.32 of 2009 on the file of the Subordinate Judge at Mannargudi.
For Appellant : S.Arivazhagan
Challenge in this second appeal is made to the judgment and decree dated 31.08.2018, passed in A.S.No.19 of 2015, on the file of the Principal District Court, Thiruvarur, confirming the judgment and decree dated 20.01.2015, passed in O.S. No.32 of 2009, on the file of the Subordinate Court, Mannargudi.
- For the sake of convenience, parties are referred to as per their rankings in the trial Court.
- The suit has been laid by the plaintiff claiming partition.
Issues for consideration
2 issues framed by the court
Whether the lower courts were correct in rejecting the third defendant's plea that the suit property was acquired benami to her husband.
Whether the appellant is entitled to obtain a one-fourth share in the suit property granted by the courts below.
Parties & counsel
- appellant
Jayanthi
- respondent
Mythili
Coram
T. Ravindran
Case details
As recorded by the court registry
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