Second appeal regarding a partition suit. The High Court held that no substantial question of law arises as the primary defence regarding benami purchase is legally untenable. The appeal is dismissed.
Second appeal dismissed; no cost.
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.
S.A.(MD)No.698 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.04.2022
CORAM: THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.A.(MD)No.698 of 2010
1.Saminathan 2.Muniappan 3.Edison 4.Merin ... Appellants / Respondents / Defendants -Vs1.Rajammal (died) ... Respondent / Appellant / Plaintiff 2.Rajendran 3.Shesu 4.Pitchammal 5.Vijya 6.Mallika 7.Thommai 8.Rayappan 9.Santhiyagu 10.Elaiyans ... Respondents
(Respondents 2 to 10 are brought on record as Lrs of the deceased 1st respondent vide order dated 04.04.2022 in C.M.P.(MD)Nos.9332, 9335 & 9336 of 2021 in SA(MD)No.698 of 2010)
PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree of the learned Additional District Judge (Fast Track Court No.II), Thoothukudi passed in A.S.No.26 of 2009, dated 06.03.2010 reversing the well considered Judgment and decree of the learned Subordinate Judge, Thoothukudi passed in O.S.No.178 of 2005, dated 22.06.2009.
For Appellants : Mr.D.Srinivasa Ragavan For Respondents : No appearance
JUDGMENT
This second appeal arises out of a suit for partition.
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S.A.(MD)No.698 of 2010
the children died issueless and intestate. The trial court dismissed the suit on the ground that one of the sisters was not impleaded. However, the first appellate court by the impugned judgment and decree granted 1/4th share in favour of the plaintiff. The plaintiff is no more and her legal heirs have been brought on record as respondents 2 to 10. There is no appearance on their behalf.
Assistant Registrar (CS-III)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
rmi
To
1.The Additional District Judge (Fast Track Court No.II), Thoothukudi.
2.The Subordinate Judge, Thoothukudi.
Copy To
The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai. (2 COPIES)
+1 CC to M/s.D. SRINIVASARAGAVAN, Advocate ( SR-16624[F] dated 05/04/2022 )
Judgment made in S.A.(MD)No.698 of 2010 04.04.2022
SP(CO)GC(11.05.2022) 2P 6C
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2 issues framed by the court
Whether the second appeal maintains a substantial question of law arising from the grant of a 1/4th share to the deceased plaintiff.
Whether the contention that the property was not purchased by the named father despite being in his name is valid under the Benami Transactions (Prohibition) Act.
1 provisions across 1 enactments
Saminathan and Others
Rajendran and Others
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
