V. Saroja v. N.Eswaran
Case brief
What is this about?
Second appeal filed by defendants challenging a partition decree. The High Court upheld the findings that the plaintiff purchased a valid 3/4th interest from three legal heirs, while the respondent could only derive title from their legal heir father who held a 1/4th share.
What did the court decide?
Second Appeal dismissed; findings of appellate court upheld and original suit decree confirmed.
What the court decided
S.A. No.712 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.10.2024
CORAM:
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
S.A. No.712 of 2024 and C.M.P.Nos.21842 and 23102 of 2024
- V.Saroja 2. C.Velusamy ... Appellants Vs. N.Eswaran ... Respondent
PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code, to set aside the judgement and decree dated 01.09.2023 made in A.S.No.19 of 2022 on the file of the I Additional District Court, Coimbatore, confirming the judgement and decree dated 23.12.2021 made in O.S.No.925 of 2014 on the file of the II Additional Subordinate Court.
For Appellants : Mr.N.S.Suganthan
JUDGEMENT
The appellants, who are the defendants in the suit in O.S.No.925 of
Issues for consideration
3 issues framed by the court
Whether the lower courts erred in holding that the plaintiff is entitled to 3/4th share of the suit property based on the title deeds and inheritance records.
Whether the alleged forged sale deed dated 20.02.2006 succeeded to the earlier sale transferred by a legal heir holding only 1/4th share.
Whether the appellants can raise a substantial question of law regarding the exclusion of other legal heirs who were not impleaded as parties to the suit.
Parties & counsel
- appellant
V. Saroja
- appellant
C. Velusamy
- respondent
N. Eswaran
Coram
Case details
As recorded by the court registry
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