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S.Sonachalam vs R.Kamaraj
2021 Latest Caselaw 2991 Mad

Citation : 2021 Latest Caselaw 2991 Mad
Judgement Date : 9 February, 2021

Madras High Court
S.Sonachalam vs R.Kamaraj on 9 February, 2021
                                                                            S.A.No.954 of 2009

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                            RESERVED ON      : 09.03.2021

                                            PRONOUNCED ON:22.03.2021

                                                     CORAM:

                                      THE HON'BLE MR.JUSTICE T.RAVINDRAN

                                                S.A.No.954 of 2009
                                                       and
                                               M.P.Nos.1 & 2 of 2009


                     S.Sonachalam,
                     Son of Sadhasivam Chettiar,
                     D.No.3, 1st Cross Street,
                     Maravaneri,
                     Salem 636 007.                                           ... Appellant


                                                    Vs.

                     1. R.Kamaraj
                        Son of P.Ramasamy

                     2. S.Soundaram,
                        Wife of Late R.Shanmugam

                     3. Maheswari
                        Daughter of Late R.Shanmugham

                     4. Senthilkumar (Died)
                        Son of Late R.Shanmugham,


                     1/27


https://www.mhc.tn.gov.in/judis/
                                                                            S.A.No.954 of 2009

                     Respondents 1 to 4 residing at
                     2/11, Ramasamy Chettiar Compound,
                     Nethimedu,
                     Salem-2.

                     [ R2 S.Soundaram as LR's of the
                       deceased 4th respondent vide
                       order of Court dated 09.02.2021.
                       Recorded in the memo SR.1174
                       dated 03.02.2016]

                     5. S.Sivananth,
                        Son of Sonachalam,
                        14/170, I Cross,
                        Lee Bazaar,
                        Salem 9.

                     6. S.Sivaraj,
                        Son of Sonachalam,
                        No.3, I Cross Street,
                        Marvaneri,
                        Salem 636 007.                                     ... Respondents

                     Prayer:

                               Second Appeal filed under Section 100 of C.P.C., against the

                     judgment and decree of the Learned Additional Subordinate Judge, Salem

                     dated 24.11.2006 made in A.S.No.138 of 2006 confirming the judgment ad

                     decree of the learned I Additional District Munsif of Salem dated

                     01.08.2005 made in O.S.No.1816 of 2004.



                     2/27


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                                                                                     S.A.No.954 of 2009

                                     For Appellant       : Mr.J.Rama Krishnan

                                     For R1              : Mr.V.Sekar

                                     For R2 & R3         : S.Kalyanaraman

                                     For R5 & R6         : P.Dinesh Kumar

                                     R4                  : Died

                                                         *****


                                                      JUDGMENT

Challenge in this second appeal is made to the judgment and decree

dated 24.11.2006 passed in A.S.No.138 of 2006 on the file of the Additional

Subordinate Court, Salem, confirming the judgment and decree dated

01.08.2005 passed in O.S.No.1816 of 2004 on the file of the Additional

District Munsif Court, Salem.

2. For the sake of convenience, the parties are referred to as per their

rankings in the trial court.

https://www.mhc.tn.gov.in/judis/ S.A.No.954 of 2009

3. The second defendant in O.S.No.1816 of 2004 is the appellant in

this second appeal.

4. Suit for declaration and permanent injunction.

5. The case of the plaintiffs in brief is that the plaintiffs are entitled to

the suit properties by virtue of the partition deed dated 06.03.1986

whereunder, the plaintiffs had been allotted the B and C schedule

respectively and the patta also stands in the name of the plaintiffs

independently and the plaintiffs are enjoying the suit properties by paying

Kists etc., The suit properties belonged to the father of the plaintiffs,

P.Ramasamy Chettiar and in the year 1948, P.Ramasamy Chettiar, his

father and his brothers including the first defendant divided their family

properties and on 13.03.1955, the first defendant and his brother by name

Gnanam @ Gnana Sekaran executed a registered settlement deed in favour

of P.Ramasamy Chettiar and delivered the possession on the same date and

the settlement deed was acted upon and subsequently as above pointed out,

in the family partition effected between P.Ramasamy Chettiar and his sons,

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the suit properties had been allotted to the plaintiffs. The defendants are

strangers to the suit properties. The first defendant is the brother of the

plaintiffs' father. The second defendant is the son of P.Sadhasivam Chettiar,

the another brother of the plaintiffs' father. The defendants 3 and 4 are the

sons of the second defendant. The first defendant and Sadhasivam Chettiar

had divided their properties already in the year 1948 and Sadhasivam sold

his share of the properties and enjoying the profits of the same along with

his sons and grandsons. The first defendant is unmarried and he is under the

beck and call of SadhasivamChettiar's family. After the settlement deed

dated 13.03.1955, the first defendant ceased to have any right, interest or

possession over the suit properties. Gnanam @ Gnana Sekaran died long

back. At the instance of P.Sadhasivam, the first defendant has created a

false document styling it as cancellation of settlement deed on 29.05.1993 in

respect of the suit properties. In law, the settlement deed cannot be

cancelled and in the guise of the abovesaid cancellation deed, the

defendants attempted to interfere with the plaintiffs' possession and

enjoyment of the suit properties. Pending suit, the first plaintiff died and his

LR's had been brought on record as the plaintiffs 3 to 5. Pending suit, the

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first defendant also died and hence according to the plaintiffs, they had been

necessitated to lay the suit against the defendants for appropriate reliefs.

6. The second defendant resisted the plaintiff's suit contending that

the suit laid by the plaintiffs is not maintainable either in law or on facts and

the suit for partition in O.S.No.466 of 1985 is pending on the file of the

Additional Subordinate Court, Salem, in which the plaintiffs herein are the

defendants 4 and 5 and the LRs of the first plaintiff had also been arrayed

as the parties in the abovesaid suit. The plaint is silent about the abovesaid

suit. The properties involved in O.S.No.466 of 1985 are unnecessarily

included in the present suit. One Ponnusamy Chettiar had four sons,

Sadhasivam, Ramasamy, Venkatraman, Gnanam @ Gnana Sekaran. The

plaintiffs have no right, title, interest or possession over the suit properties

and the alleged gift deed putforth by the plaintiffs dated 13.03.1955 is

invalid in law and not acted upon. The purpose of the gift deed which is

being a conditional one, accordingly not given effect to. The suit properties

have been enjoyed by the defendants as well as the plaintiffs as co-owners.

The rights of the parties could only be determined in O.S.No.466 of 1985.

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The case of the plaintiffs that the defendants attempted to interfere with

their possession qua the suit properties is totally false and hence the suit laid

by the plaintiffs being without any cause of action is liable to be dismissed.

7. The defendants 3 and 4 resisted the plaintiffs' suit contending that

it is false to state that the suit properties had been allotted to the plaintiffs

under the partition deed dated 06.03.1996. Ponnusamy Chettiar and his sons

partitioned the family properties by way of the partition deed in the year

1948. It is false to state that the first defendant and Gnanam @ Gnana

Sekaran executed a registered settlement deed in favour of P.Ramasamy

Chettiar qua the suit properties. Even if, any settlement deed alleged to

have been executed, it is not valid in law. The suit properties are shown as

the F schedule properties, which had been decided to be partitioned later by

Ponnusamy Chettiar and his sons in the year 1948. Therefore, no Will or

settlement could be effected by Ponnusamy Chettiar qua the ancestral

properties. The partition deed relied upon the plaintiffs is invalid in law.

The defendants are in the joint possession and enjoyment of the suit

properties. The gun powder business said to have been run by P.Ramasamy

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Chettiar had been shifted to some other place and accordingly the object for

which the settlement deed dated 13.03.1955 was executed been over and

hence the first defendant had cancelled the same on 21.05.1993. The case

of the plaintiffs that the defendants endeavored to disturb their possession

and enjoyment of the suit properties is totally false and there is no cause of

action for the suit and the suit is liable to be dismissed.

8. In support of the plaintiffs' case, P.Ws.1 and 2 were examined.

Exs.A1 to A70 were marked. On the side of the defendants, D.Ws.1 to 3

were examined. Exs.B1 to B12 were marked.

9. On a consideration of the oral and documentary evidence adduced

in the matter and the submissions putforth by the respective parties, the

Courts below were pleased to decree the suit in favour of the plaintiffs as

prayed for. Challenging the same, the second appeal has been preferred by

the second defendant.

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10. At the time of admission of the second appeal, the following

substantial questions of law was formulated for consideration.

Whether in law the interpretation upon Ex.A2 as

concluded by the Courts below are right in law and as such

the Ex.A2 and all other documents in pursuance of Ex.A2 is

binding on the appellant especially when all the joint family

members are not parties to Ex.A2?

11. From the pleas and materials putforth by the respective parties, in

support of their various contentions, it is noted that Ponnusamy Chettiar had

four sons namely Sadhasivam, Ramasamy,Venkatraman and Gnanam @

Gnana Sekaran. It is found that Ponnusamy Chettiar and his four sons had

divided the family properties by way of a partition deed dated 20.05.1948,

the copy of which has been marked as Ex.A1. On a perusal of Ex.A1, it is

found that after allotting the A to E schedules described in the partition deed

to the various sharers, the parties to the abvoesaid partition deed had

decided to keep the F schedule properties described in the abovesaid

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partition deed in common amongst the sharers. The execution of Ex.A1

partition deed is not in dispute and the parties are also not in issue that the F

schedule properties described in Ex.A1 had been kept in common by

resolving that the same should be subsequently partitioned amongst the

family members.

12. The first defendant is the son of Ponnusamy Chettiar. The second

defendant is the grandson of Ponnusamy Chettiar born to his son

Sadhasivam. The defendants 3 and 4 are the sons of the second defendant.

The plaintiffs 1 and 2 are the grandsons of Ponnusamy Chettiar through his

son P.Ramasamy Chettiar. Now, as per the materials placed on record, it is

found that Ponnusamy Chettiar had executed a Will on 27.02.1955

bequeathing the shares allotted to him under Ex.A1 partition deed as well as

the properties described in the F schedule under Ex.A1 as the common

properties amongst his four sons and the abovesaid Will is the bone of

contention between the parties in the present litigation. Under the

abovesaid Will, Ponnusamy Chettiar had allotted the various the shares to

his four sons as detailed therein and following the execution of Ex.A2 Will,

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it is the case of the plaintiffs that the sons of Ponnusamy Chettiar had

approved and ratified the abovesaid Will by executing various documents

amongst themselves or in favour of third parties and therefore according to

them, though the F schedule properties covered in Ex.A1 had been kept in

common, it is their case that Ponnusamy Chettiar as the father of the family,

is entitled to partition the said properties by way of Ex.A2 Will and thus

according to them, though Ex.A2 is styled as a Will by Ponnusamy Chettiar,

it is in effect only a family arrangement or partition effected by the Kartha

of the family ie., Ponnusamy Chettiar and accordingly contended that as the

abovesaid partition effected by Ponnusamy Chettiar under Ex.A2, had been

ratified by his sons by executing various documents qua the properties

allotted to them under Ex.A2 and accordingly it is putforth that the suit

properties had been acquired by the plaintiff's father P.Ramasamy Chettiar

and in the family partition effected between his sons namely the plaintiffs,

the suit properties had come to be allotted to the plaintiffs. The partition

deed relied upon by the plaintiffs dated 06.03.1996 is marked as Ex.A9.

Thus according to the plaintiffs, they derived title to the suit properties

under Ex.A9 partition deed.

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13. Inasmuch as, the second appeal revolves around the construction

of Ex.A2 as to whether the same is a Will or a family arrangement / partition

effected by Ponnusamy Chettiar, we will have to bestow the attention as

regards the construction of the abovesaid document as done by the Courts

below and adjudicate whether the determination of the Courts below that

Ex.A2, though styled as a Will, is only a partition effected by Ponnusamy

Chettiar as the karta of the family amongst his sons is correct and legally

sustainable.

14. From the available materials placed on record, it is found that the

first defendant who had been allotted a share under Ex.A2 along with his

brother Gnanam @ Gnana Sekaran are found to have executed a settlement

deed qua the properties allotted to them in favour of the plaintiffs' father

P.Ramasamy Chettiar. The plaintiffs' father P.Ramasamy Chettiar is also

one of the beneficiaries under Ex.A2. As rightly concluded by the Courts

below, thus on a perusal of the above settlement deed executed by the first

defendant and Gnanam @ Gnana Sekaran on 13.03.1955 marked as Ex.A3,

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it is evident that they had clearly admitted the validity of Ex.A2. Therefore,

by way of Ex.A2, as rightly concluded by the Courts below, the three sons

of Ponnusamy Chettiar had ratified Ex.A2.

15. The second defendant's father Sadhasivam is also found to have

ratified the same by executing an agreement on 16.05.1955 with reference to

the properties allotted to him under Ex.A2, with his brother Gnanam @

Gnana Sekaran and on a perusal of the abovesaid agreement dated

16.05.1955 marked as Ex.A4, as rightly concluded by the Courts below, the

second defendant's father had ratified the validity of Ex.A2 executed by his

father Ponnusamy Chettiar.

16. In addition to that, it is also noted that the second defendant's

father Sadhasivam Chettiar, the plaintiffs' father Ramasamy and the first

defendant had executed a release deed qua the properties allotted to them

under Ex.A2 in favour of Gnanam @ Gnana sekaran on 25.03.1963, the

copy of which release deed has been marked as Ex.A5 and as rightly

concluded by the Courts below, by way of Ex.A5, the release deed, the

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executants of the same had ratified the authority/validity of Ex.A2 executed

by their father Ponnusamy Chettiar, even though the properties covered

under Ex.A2 are ancestral in nature.

17. Not stopping there, the second defendant's father Sadhasivam

Chettiar, who is a beneficiary under Ex.A2, had by way of a partition

effected with his sons on 04.06.1992 dealt with the properties allotted to

him under Ex.A2 and therefore, it is found that as rightly concluded by the

Courts below, the second defendant's father had partitioned even the

properties allotted to him under Ex.A2 along with his sons and the

abovesaid factum would only go to disclose that the second defendant had

accorded due acceptance and validity to Ex.A2.

18. Furthermore, the second defendant's brother Paramasivam, S/o,

Sadhasivam Chettiar had even alienated the properties allotted to him to the

plaintiffs' mother and also to Gnanam @ Gnana sekaran by way of the sale

deeds dated 14.04.1965 and 24.11.1966 which have been exhibited as

Exs.A7 and A8. The abovesaid documents would also fortify the case of the

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plaintiffs that Ex.A2 had been acted upon throughout not only by the sons

of Ponnusamy Chettiar, but also by his grandsons. Later Gnanam @ Gnana

sekaran had alienated the properties purchased by him under Ex.A8 sale

deed to Govindhammal and thus it is found that the abovesaid document

also strengthens the acceptance, legality and authenticity of Ex.A2 by the

beneficiaries as determined by the Courts below.

19. In the light of the abovesaid position, though under Ex.A1

partition deed, the F schedule properties had been kept in common with the

determination to partition the same later, however, the karta of the family

namely Ponnusamy Chettiar had decided to bequeath the said properties

along with the properties allotted to him under Ex.A1 partition deed

amongst his sons under Ex.A2 and when it is noted that Ex.A2 executed by

Ponnusamy Chettiar had been ratified by his four sons as well as by his

grandsons and thereby the four sons of Ponnusamy Chettiar having

impliedly given their consent to Ponnusamy Chettiar in partitioning the F

schedule properties covered under Ex.A1. In such view of the matter, when

the karta of the family, has the undoubted right and privilege of effecting a

https://www.mhc.tn.gov.in/judis/ S.A.No.954 of 2009

partition of the ancestral properties amongst his sons with or without their

consent, when it is not projected or established that the partition effected

under Ex.A2 is not a fair one, all put together, the Courts below are found

to be justified in holding Ex.A2 as a deed of partition, though the same is

styled as a Will. In this connection, the Courts below have placed reliance

upon the decisions of our High Court reported in AIR [38] 1951 Madras,

506 [M/s. M.M.Meyyappa Chettiar Vs. Commissioner of Income tax

Madras ],wherein the position of law has been expatiated that the father has

the undoubted right and privilege to effect the partition of the family

properties between himself and his sons with or without their consent and

accordingly, the partition effected under Ex.A2 being fair and equal and as

abovenoted, being ratified by all the sons of Ponnusamy Chettiar, one way

or the other, resultantly, the Courts below are found to be justified in

holding that Ex.A2 is only a deed of partition effected by Ponnusamy

Chettiar dividing the ancestral properties along with his properties amongst

his four sons. The position of law rendered in the abovesaid decision qua

the entitlement of the father to effect a partition of the family properties has

been extracted below:

https://www.mhc.tn.gov.in/judis/ S.A.No.954 of 2009

“Under the Mitakshara law the father has the undoubted right and

privilege of effecting a partition between himself and his sons, whether they

are majors or minors without their consent. He may divide the properties

physically or may only bring about a division in status. This division may

be between himself and his sons or even between the sons inter se. The

partition so made, however, must, be fair and equal. If the partition is

unequal and unfair it is open to the sons if they are majors to repudiate the

partition, but if they are minors, it is open to them to avoid that partition

by appropriate proceedings after they attain majority. The partition

therefore will be good until it is set aside. It is not void and is not without

effect. This right of avoidance based on the inequality of the shares is a

personal right of the minors and can not be exercised by others. The power

is not a conditional power in the sense that if the condition of the partition

being fair and equal is not satisfied, the power ceases to have operative

force.”

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20. In the light of the abovesaid position, the contention has been

putforth by the second defendant's counsel that by way of Ex.A2,

Ponnusamy Chettiar having dealt with the ancestral properties kept in

common under Ex.A1, hence according to him, as per law, since Ponnusamy

Chettiar is disentitled to Will the ancestral properties without the consent of

his sons, according to him, Ex.A2 is a invalid document. However as above

pointed out, as rightly held by the Courts below, though Ex.A2 is styled as a

Will, when infact, it is only a partition deed effected by Ponnusamy

Chettiar, dividing the ancestral properties amongst his four sons and when

the act of Ponnusamy Chettiar effecting the partition of the common

properties under Ex.A2 had been ratified by his sons in various ways as

above discussed, the Courts below are found to be justified in considering

and holding Ex.A2 as a deed of partition, and accordingly when the sons of

Ponnusamy Chettiar had derived right in praesenti to the various shares

allotted to them under Ex.A2, they are found to be entitled to deal with the

same, following Ex.A2 and therefore, the contention putforth by the second

defendant's counsel that the gift deed Ex.A3 dated 13.03.1955 having been

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executed before the demise of Ponnusamy Chettiar, the same should be

considered as invalid, as such, cannot be countenanced. When it is found

that Ex.A2 though styled as a Will, is not really a testamentary instrument

executed by Ponnusamy Chettiar, but only a deed of partition effected by

him as the karta of the family allotting the various shares to his four sons, in

such view of the matter, the sons acquired right to the shares allotted to

them under Ex.A2 in praesenti and entitled to deal with the same as the

absolute owners thereof.

21. In the light of the abovesaid factors, the first defendant and

Gnanam @ Gnana Sekaran having executed Ex.A3 settlement deed in

favour of P.Ramasamy, thereafter they are found to be not entitled to revoke

the same. In such view of the matter, the alleged cancellation of the

settlement deed by the first defendant alone on 21.05.1993 marked as Ex.43,

as rightly held by the Courts below, the other settlor namely Ganam @ Gana

sekaran or his Lrs having not chosen to cancel the settlement deed and when

it is found that the first defendant had chosen to cancel the settlement deed

nearly 38 years after the execution of Ex.A3 and when the first defendant is

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disentitled to revoke the settlement deed after the execution of the same in

favour of P.Ramasamy and by way of the cancellation deed, the execution

of settlement deed having been admitted by the defendants one way or the

other and merely because the object of the settlement deed is over that alone

would not be a sound reason for cancelling the same, particularly by one of

the settlors, that too, after the gap of 38 years. Therefore the Courts below

are found to be justified in holding that the cancellation deed marked as

Ex.43 has no legal sanctity and would have no binding effect on the

plaintiffs. The contention putforth by the defendants that the settlement

deed had not been acted upon also cannot be accepted in any manner,

particularly when it is noted that Ex.A2 settlement deed had been executed

only to enable the plaintiffs' father Ramasamy to continue his gun powder

business, in such view of the matter, to say that it had been not acted upon

after 38 years, no prudent person would accept the abovesaid reason for

entitling the defendants to challenge the settlement deed on such untenable

grounds.

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22. When by way of Ex.A2, Ponnusamy Chettiar is found to have

partitioned the ancestral properties along with his properties to his four sons

and when as above pointed out, Ex.A2 has been rightly construed as only a

partition deed executed by Ponnusamy Chettiar and not a Will and when the

division of the ancestral properties effected by Ponnusamy Chettiar under

Ex.A2 having been ratified by his four sons, as above pointed, accordingly,

it is found that under Ex.A2, his sons had acquired right over their alleged

shares in praesenti and entitled to deal with the same in accordance with

law. Therefore, the argument cannot be putforth that Ex.A3 settlement

deed should be construed as invalid on the footing that it deals with the

ancestral properties. Though the ancestral properties had been dealt with

under Ex.A2 document, when by way of the same, Ponnusamy Chettiar had

allotted the properties to his sons fairly and thereby the sons getting right

over their alleged shares immediately pursuant to Ex.A2, as rightly held by

the Courts below, Ex.A3 settlement deed is found to be valid in all aspects

and binding on the parties concerned.

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23. As rightly determined by the Courts below, particularly the trial

court, though the defendants would contend that the plaintiffs are not the

owners of the suit properties and Ex.A2 had not been ratified by the sons of

Ponnusamy Chettiar, however considering the evidence of D.Ws.1 and 2 in

toto, when it is found that they would only plead complete ignorance about

the various documents executed by the sons of Ponnusamy Chettiar after

Ex.A2 and also not able to say anything about the entitlement of the first

defendant to cancel the settlement deed Ex.A3 under Ex.43, the Courts

below are found to be justified in also rejecting the defence version by

placing reliance upon their own evidence as detailed in the judgment.

24. In the light of the abovesaid discussions, when Ex.A2 is construed

as a partition deed effected by Ponnusamy Chettiar, the authorities putforth

by the plaintiffs' counsel that Ponnusamy Chettiar is not entitled to Will the

ancestral properties as per law, in my considered opinion, would not be

applicable to the case at hand. Though Ex.A2 is styled as a Will, however

the document could only be construed as a partition effected by Ponnusamy

Chettiar and the same having been ratified or approved by his sons, in such

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view of the matter, the authorities relied upon by the second defendant's

counsel on the invalidity of the Will dealing with the ancestral properties

reported in 1980 Supplement SCC 298 [ Kalyani (Dead) by Lrs Vs.

Narayanan and others] and 1972 (4) SCC[ M.N.Aryamurthy and

another Vs. M.D.Subbaraya Setty (dead) through LR and others] are

found to be not applicable to the facts and circumstances of the case at hand.

Further even in the 1st decision above referred to, it has been held that the

father has the right to make a partition by Will of the joint family properties,

provided the same is made with the consent of the joint family members.

25. For the proposition of law that the construction of document is a

substantial question of law, reliance is placed on the decision reported in

2000 (7) SCC 60 [Santakumari and others Vs. Lakshmi Amma Janaki

Amma (d) by Lrs and Others]. There is no dispute regarding the

abovesaid proposition of law.

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26. The second defendant's counsel also placed reliance upon the

decisions reported in CDJ 2018 MHC 414 [R.Manikandan Vs.

Arulmighu Koodamudayar Ayyanar Koil Through its Executive

Officer, Virudhunagar] and CDJ 2018 MHC 1275 [ Minor Shankar

represented by his mother Nallammal Vs. Muruganandam & Another].

The principles of law outlined in the abovesaid decisions are taken into

consideration and followed as applicable to the case at hand.

27. In view of the abovesaid factors, the interpretation of the Courts

below upon Ex.A2 as a deed of partition is right in law and even though the

sons of Ponnusamy Chettiar are not direct parties to Ex.A2, when the sons

of Ponnusamy Chettiar had ratified Ex.A2 by executing various documents,

as above pointed out and thereby admitted the validity of Ex.A2 executed

by their father, in such view of the matter, the determination of the Courts

below that Ex.A2 is binding on the second defendant and other defendants

do not warrant any interference.

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28. The reasonings and conclusions of the Courts below for

upholding the plaintiff's case being founded on the proper appreciation of

the materials placed on record both oral and documentary and particularly

based upon the proper interpretation and construction of Ex.A2 and when

they are not shown to be perverse, illogical and irrational, I do not find any

valid reason to interfere with the same. The substantial question of law

formulated in the second appeal is accordingly answered in favour of the

plaintiff and against the defendants.

29. In conclusion, the judgment and decree dated 24.11.2006 passed

in A.S.No.138 of 2006 on the file of the Additional Subordinate Court,

Salem, confirming the judgment and decree dated 01.08.2005 passed in

O.S.No.1816 of 2004 on the file of the Additional District Munsif Court,

Salem are confirmed. Resultantly, the second appeal is dismissed with

costs. Consequently, connected miscellaneous petitions, if any, are closed.

22.03.2021

mfa Index:yes Internet:yes

https://www.mhc.tn.gov.in/judis/ S.A.No.954 of 2009

To

1. The Additional Subordinate Judge, Additional Subordinate Court, Salem.

2.The Additional District Munsif, Additional District Munsif Court, Salem.

Copy to

The Section Officer, VR Section, High Court, Chennai.

https://www.mhc.tn.gov.in/judis/ S.A.No.954 of 2009

T.RAVINDRAN, J.

mfa

Pre-delivery judgment made in S.A.No.954 of 2009 and M.P.Nos.1 & 2 of 2009

22.03.2021

https://www.mhc.tn.gov.in/judis/

 
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