Mrs.Nirmala Nagarajan, v. v.Ramesh
Case brief
What is this about?
In this ex parte suit for partition, the plaintiff claimed a half share of ancestral property after parents died intestate. The defendant failed to file a written statement. The court held the suit decree against the defendant, allowing partition and granting separate possession to the plaintiff.
What did the court decide?
Preliminary decree for partition in favour of plaintiff with separate possession; appointment of Advocate Commissioner to demarcate property.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON: 12.01.2018
PRONOUNCED ON: 22.01.2018
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
CS.No.353 of 2017
Nirmala Nagarajan Plaintiff
Vs
V.Ramesh Defendant
Prayer:- This Civil Suit is filed under Order VII Rule 1 of CPC read with Order
XXIV Rule 1 of the Original Side Rules for the reliefs as stated therein.
For Plaintiff : M/s.DMH Partners
For Defendant : Set Exparte
JUDGEMENT
This civil suit had been filed to pass a judgement and decree, against
the Defendant:-
- (a) for partition and separate possession of the Plaintiff's half share (1/2nd share) in the suit property in favour of the Plaintiff.
- (b)for appointment of an Advocate Commissioner to divide the suit property by metes and bounds into two half share (1/2nd share) and allot one half share to the Plaintiff.
- (c) for direction to the Defendant to pay the mesne profit derived from her half share in the suit property as rent, which the Defendant received from the tenant in the ground floor portion of the suit property till date and the Plaintiff may be entitled to receive subsequent rent from the tenant.
Issues for consideration
3 issues framed by the court
Whether the plaintiff is entitled to a half share in the suit property and mesne profits as alleged.
Whether the defendant's failure to file a written statement warrants ex parte decree against them.
Whether the plaintiff is entitled to appointment of an Advocate Commissioner to demarcate and allot one half share.
Coram
C.V.KARTHIKEYAN
Case details
As recorded by the court registry
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