Saminathan vs Rajammal (Died)
2022 Latest Caselaw 7013 Mad

                                                                   S.A.(MD)No.698 of 2010

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                          DATED: 04.04.2022

                                              CORAM:

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                        S.A.(MD)No.698 of 2010


                   1.Saminathan

                   2.Muniappan

                   3.Edison

                   4.Merin                   ... Appellants / Respondents / Defendants

                                              -Vs-


                   1.Rajammal (died)         ... Respondent / Appellant / Plaintiff

                   2.Rajendran

                   3.Shesu

                   4.Pitchammal

                   5.Vijya

                   6.Mallika

                   7.Thommai

                   8.Rayappan

                   9.Santhiyagu

                   10.Elaiyans                                 ... Respondents
https://www.mhc.tn.gov.in/judis


                   1/4
                                                                               S.A.(MD)No.698 of 2010

                         (Respondents 2 to 10 were brought on record as Lrs of the deceased
                         1st respondent vide order dated 04.04.2022 in C.M.P.(MD)Nos.9332,
                           9335 & 9336 of 2021)

                   PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                   Code, against the judgment and decree of the learned Additional District
                   Judge (Fast Track Court No.II), Thoothukudi passed in A.S.No.26 of 2009,
                   dated 06.03.2010 reversing the well considered Judgment and decree of the
                   learned Subordinate Judge, Thoothukudi passed in O.S.No.178 of 2005,
                   dated 22.06.2009.
                                          For Appellants      : Mr.D.Srinivasa Ragavan
                                          For Respondents : No appearance


                                                       JUDGMENT

This second appeal arises out of a suit for partition.

2. One Rajammal filed O.S.No.178 of 2005 on the file of the Sub

Court, Thoothukudi. There is no dispute that the plaintiff was the

biological sister of the first defendant. The other defendants were her

nephews. The suit property stood in the name of the father Pappu

Fernando. The said Pappu Fernando had six children. Two of the children

died issueless and intestate. The trial court dismissed the suit on the ground

that one of the sisters was not impleaded. However, the first appellate court

by the impugned judgment and decree granted 1/4th share in favour of the

plaintiff. The plaintiff is no more and her legal heirs have been brought on

record as respondents 2 to 10. There is no appearance on their behalf. https://www.mhc.tn.gov.in/judis

S.A.(MD)No.698 of 2010

3. The learned counsel appearing for the appellants reiterated the

contentions set out in the memorandum of grounds and called upon this

Court to admit the second appeal and dispose of the second appeal after

issuing fresh notice to the legal heirs of the deceased plaintiff.

4. I am not inclined to accept the said contention for the simple

reason that what has been granted in favour of the plaintiff is only the share

due to her. The primary contention advanced by the learned counsel for the

appellants is that the property though standing in the name of Pappu

Fernando was not actually purchased by him. But then, this contention

cannot be accepted in view of the provisions of Benami Transactions

(Prohibition) Act. No substantial question of law arises for consideration.

The second appeal stands dismissed. No cost.

04.04.2022

Internet : Yes/No Index : Yes/No rmi

To

1.The Additional District Judge (Fast Track Court No.II), Thoothukudi.

2.The Subordinate Judge, Thoothukudi.

Copy To The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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

S.A.(MD)No.698 of 2010

G.R.SWAMINATHAN.J.,

rmi

Judgment made in S.A.(MD)No.698 of 2010

04.04.2022

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