Ganesan v. Palaniammal(died)
Case brief
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Identifiers: Madras High Court; S.A.NO.332 OF 2020; R. Sakthivel, J.; decided 07/01/2025 (reserved 01/10/2024); from A.S.No.72 of 2016 (Ariyalur) confirming O.S.No.344 of 2004 (Jayankondam). Themes/keywords: second appeal under Section 100 CPC; allegation of fraud in registered Partition Deed Ex-B.8 and burden of proof; judicial admission in pleadings under Section 58 Indian Evidence Act, 1872; suit barred by limitation; Section 27 Limitation Act, 1963 substantial question; UDR Scheme Patta; unregistered waram/warram mochalika chit (Ex-A.10) and insufficiency of mere signature admission; Ex-A.12 FMB scattered plots; Ex-A.8 Sale Deed left unchallenged; declaration of title, recovery of possession, mesne profits; reversal of concurrent decrees and dismissal of suit; no costs. Parties: Ganesan, Ilayaperumal (appellants/defendants) v. Palaniammal (died; LRs Ramayee, Anjalai, Chinnachi, Lakshmi, Jayanthi, Padmavathi), Ravichandran @ Ravi, Raj, Velayudham (respondents/plaintiffs). Counsel: P.Valliappan, Senior Counsel (appellants); D.Selvaraju (R.2–R.9); M.S.Shriram Narayanan (R.10). Useful for: property appeals where fraud allegations against a partition deed fail for want of proof; evidentiary weight of judicial admissions; limitation defences in land suits based on long enjoyment per registered documents and revenue records.