Munusami v. Santhi
Partition – Second Appeal under Section 100 CPC against concurrent findings
Case brief
What is this about?
Madras High Court, Second Appeal SA No. 889 of 2021 (S. Sounthar J., decided 17-04-2026) under Section 100 CPC, connected C.M.P.No.16838 of 2021. Arises from partition suit O.S.No.203/2006 (District Munsif Court, Sholinghur) and First Appeal A.S.No.27/2018 (Sub Court, Arakkonam). Key points: intestate succession to purchaser Pattu; co-heir's sale conveys only the seller's share and does not bind co-sharers not party to the sale deed; adverse possession not established where purchases in 2001 and 2005 preceded the 2006 suit by less than the statutory period; purchaser's equity against vendor's vendor to be worked out in final decree proceedings. Appeal dismissed with no costs.
What did the court decide?
No relief to the appellants: the Second Appeal was dismissed, the connected Miscellaneous Petition (C.M.P.No.16838 of 2021) was closed, and there was no order as to costs; the Court clarified that the fourth defendant may work out his equity against his vendor's vendor in the final decree proceedings.