G.Rajendrakumar v. S.Rani
Case brief
What is this about?
Appeal against a decree granting a half share in suit properties. The High Court held that the property was ancestral, requiring the impleadment of other legal heirs, and remanded the matter. There were no costs order.
What did the court decide?
First appeal allowed; matter remitted to the trial court for impleadment of other legal heirs and re-adjudication.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2021
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA
A.S.NO.303 OF 2017 AND C.M.P.NO.11459 OF 2017
G.Rajendrakumar
S.Rani
PRAYER:Appeal Suit filed under Section 96 of the Code of Civil Procedure against the Judgment and Decree of the Additional District Court, Hosur, dated 28.02.2017 in O.S.No.9 of 2013.
JUDGMENT
The defendant has challenged the judgment and decree in the O.S.No.9 of 2013 passed by the Additional District Judge, Hosur, in and by which the learned Judge has granted a half share to the plaintiff in the suit schedule properties. The parties are referred to in the same litigative status as before the trial Court.
2. The Plaintiff Case:
It is a case of the plaintiff that she and the defendant are the children of one Govindan. The suit properties belonged to the said Govindan who was in possession and enjoyment of the same, throughout his lifetime. Three decades prior to the filing of the suit, the said Govindan had died leaving behind him to survive his wife Govindammal and the plaintiff and the defendant as his legal representatives. The plaintiff would submit that she, her mother and the defendant were in possession and enjoyment of the properties.
Issues for consideration
2 issues framed by the court
Whether the suit properties are ancestral and whether other legal heirs were necessary parties.
Whether the suit is maintainable without the impleadment of the plaintiffs' paternal aunts.
Parties & counsel
- appellant
Rajendrakumar
- respondent
Rani
Coram
P.T. Asha
Case details
As recorded by the court registry
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