Madras High Court
Vasantha Gangadharan vs M.Kaviarasu on 9 August, 2021
C.S.No.262 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2021
CORAM : JUSTICE N.SESHASAYEE
C.S.No.262 of 2017
1.Vasantha Gangadharan
2.M.Kasthuri ... Plaintiffs
Vs.
1.M.Kaviarasu
2.K.Aswin
3.A.Sananda
Rep by her father and guardian K.Ashwin
4.Aishwarya
5.Jayakumar
6.Sangeetha
7.Saranya (alias) Kannamma ... Defendants
Prayer : Civil Suit filed under Order IV Rule 1 of the Original Side
Rules and Order VII Rule 1 of the CPC., praying for
(a) a preliminary decree declaring that the plaintiffs 1 and 2 are
entitled to 1/4th share each in the suit property morefully
described in the Schedule 'A', 'B', 'C', 'D', 'E', 'F', 'H', 'I', 'J'
and 'K' hereunder and 1/12th share each in the property
morefully described in Schedule 'G' hereunder.
(b) for appointment of an Advocate Commissioner to inspect
the property and divide the suit property morefully described
in the Schedule 'A', 'B', 'C', 'D', 'E', 'F', 'H', 'I', 'J' and 'K'
hereunder by metes and bounds in the share ratio mentined
in Para.26 of the plaint and submit a report.
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(c) to pass a final decree by division of the suit property
morefully described in Schedule A to K hereunder by metes
and bounds and put each of the plaintiffs in separate
possession of their individual share of the property
described in the Schedule 'A', 'B', 'C', 'D', 'E', 'F', 'G', 'H', 'I',
'J' and 'K' hereunder and render justice.
(d) for costs of this suit and
For Plaintiffs : Mr.N.Karthikeyan
For Defendants : No Appearance
JUDGMENT
The suit is laid for partition, wherein the daughters of a certain
Mukundhan and Kannammal claim 1/4th share each in all except one item
and in that remaining item they seek 1/3 share each.
1.2 The case of the plaintiffs is that they (plaintiffs) and the defendants 1
and 5 are the children of Mukundhan and Kannammal. They seek
partition as concerning 11 items of properties that are described in the
Schedules A to K. According to the plaintiffs, their mother Kannammal
has purchased the properties described in A, D and F schedules and the
rest are purchased by her father. As regards her properties, Kannammal
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C.S.No.262 of 2017
had executed a Will dated 07.09.1986, bequeathing all her properties to
her husband Mukundhan. Kannammal died on 08.05.1988, following
which Mukundhan probated the Will in O.P.No.401/1990. Subsequently,
Mukundhan died intestate in 2007. Besides the aforesaid properties,
Mukundhan had also left some bank deposits, and the plaintiffs came to
receive their share by an order of this Court in OP.No.686/2012 for grant
of succession certificate. The present suit is laid for partition of
immovable properties.
2. The defendants did not enter appearance to contest the suit. For the
plaintiffs, the plaintiffs 1 and 2 are examined as P.W1 and P.W2
respectively and has marked Exts.P1 to Exts.P15.
3. This Court finds that the sale deeds in favour of Kannammal are
marked as Ext.P4, Ext.P6 and Ext.P9. The sale deeds as concerning the
properties purchased by Mukundhan are Exts.P5, Exts.P7 Ext.P8,
Ext.P10 to Ext.P14. Their death certificates are also seem to be
produced and marked as Ext.P1 and Ext.P2, and the legal heirship
certificate is marked as Ext.P3
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C.S.No.262 of 2017
4. The evidence on record enables this Court to conclude that the
plaintiffs have established their right to claim partition and accordingly,
this Court decree the suit and declares plaintiff's right of ½ share each in
'G' schedule property and 1/4th share in A to F and H to K schedules of
properties. No costs.
09.08.2021
ds
Index : Yes / No
Speaking Order / Non-speaking order
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C.S.No.262 of 2017
APPENDIX
I. Witnesses :
Plaintiffs :
PW1 Vasantha Gangadharan
PW2 M.Kasthuri
Defendants : Nil
II. Exhibits :
Plaintiffs :
Ex.P1 03.05.1988 Original Death Certificate of V.Kannammal
Ex.P2 11.05.2007 Original Death Certificate of K.Mukundhan
Ex.P3 04.06.2007 Certified copy of the Legal Heirship Certificate of
Late K.Mukundhan
Ex.P4 Letter of SRO certifying damage to Sale Deed
Doc.No.1870/1965
Ex.P5 15.06.1976 Certified copy of the Sale Deed Doc.No.1582/1976
Ex.P6 15.06.1976 Certified copy of the Sale Deed Doc.No.1587/1976
Ex.P7 24.03.1982 Certified copy of the Sale Deed Doc.No.1963/1982
Ex.P8 27.03.1982 Certified copy of the Sale Deed Doc.No.2106/1982
Ex.P9 26.04.1982 Certified copy of the Sale Deed Doc.No.3076/1982
Ex.P10 10.12.1982 Certified copy of the Sale Deed Doc.No.7399/1982
Ex.P11 20.07.1983 Certified copy of the Sale Deed Doc.No.1736/1983
Ex.P12 16.04.1984 Certified copy of the Sale Deed Doc.No.1815/1984
Ex.P13 16.09.1985 Certified copy of the Sale Deed Doc.No.4745/1985
Ex.P14 16.09.1985 Certified copy of the Sale Deed Doc.No.4752/1985
Ex.P15 14.07.2008 Copy of the legal notice with photocopy of the
acknowledgment cards (2 nos.)
Defendants : Nil Documents
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C.S.No.262 of 2017
N.SESHASAYEE.J.,
ds
C.S.No.262 of 2017
09.08.2021
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