Madras High Court
Chandran vs / on 24 November, 2023
Author: S.Srimathy
Bench: S.Srimathy
S.A.(MD).NoS.367 AND 368 of 2018
THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.11.2023
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
S.A.(MD).Nos.367 and 368 of 2018
and
C.M.P.(MD)No.10331 of 2018
1.Chandran
2.Banumathi ... Appellants in both S.As.,
/Vs./
1.Minnalkodi
2.Rajammal
3.Kodai
4.Geetha alias Thailammai
5.Saraswathy
6.Chelladurai ...Respondents in both S.As.,
1/6
https://www.mhc.tn.gov.in/judis
S.A.(MD).NoS.367 AND 368 of 2018
COMMON PRAYER: Second Appeals filed under Section 100 of the
Civil Procedure Code against the Judgment and Decree dated 27.04.2018
in A.S.Nos.41 and 25/2014 on the file of the Subordinate Judge,
Paramakudi, in reversing the judgment and decree dated 09.12.2013 in
O.S.No.93/2010 on the file of District Munsif, Paramakudi.
For Appellants
in both S.As., : Mr.S.Ramesh
For R1 to R5
in both S.As., : Mr.S.Rajasekar
For R6 : No appearance
COMMON JUDGMENT
The plaintiffs and the first defendant are the children of Govindhan
Pillai. The plaintiffs are the daughters and the first defendant is the son.
The third defendant is the subsequent purchaser from the first defendant.
The second defendant is the husband of the third defendant. Hence, the
defendants 2 and 3 are subsequent purchasers through the first defendant.
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S.A.(MD).NoS.367 AND 368 of 2018
For the sake of convenience, the parties shall be referred as Plaintiff and
Defendants based on the ranking in the suit.
2. The daughters have filed the suit for partition to divide 11 items
belonging to the family. The suit was decreed allotting 5/12 share to the
daughters. Aggrieved over the same, the defendants 2 and 3, the
subsequent purchasers had filed the first appeal and the daughters had
preferred cross appeal before the First Appellate Court, wherein the First
Appellate Court had rendered a reversed judgment and granted equal
share to all the 6 children of Govindhan Pillai, allotting 5/6 share to the
daughters and 1/6th share to the son. Aggrieved over the same the present
second appeal is filed by the defendants 2 and 3.
3. The contention of the defendants 2 and 3 is that the 1st item of the
suit property was already sold to them on 24.01.2007 and subsequent to
the sale only the suit for partition is filed on 12.07.2010. Since the sale of
the 1st item of the suit property is prior to the partition, the sale is
genuine and the third defendant is the bona fide purchaser. But both the
https://www.mhc.tn.gov.in/judis
S.A.(MD).NoS.367 AND 368 of 2018
Courts without taking the fact of sale prior to suit, have come to the
conclusion that the 1st item of suit property is available for partition,
which is erroneous and hence prayed to modify the judgment as far as 1st
item is concerned.
4. After hearing the arguments this Court had given its anxious
consideration. The 1st defendant before selling the property ought to have
disclosed that he has five siblings and their interest in involved in the suit
property. Since the same was not disclosed then the defendants 2 and 3
ought to be considered as bonafide purchasers and their rights ought to
be protected.
5. The second appeal is preferred against the preliminary decree.
While considering final decree the Courts below shall protect the rights
of the bonafide purchasers and divide the shares accordingly.
https://www.mhc.tn.gov.in/judis
S.A.(MD).NoS.367 AND 368 of 2018
6. For the aforesaid reasons, these Second Appeals are disposed of
with the direction stated supra, confirming the judgment and decree dated
27.04.2018 in A.S.Nos.41 and 25 of 2014 on the file of the learned
Subordinate Judge, Paramakudi. No costs. Consequently, connected
Miscellaneous Petition is closed.
24.11.2023
Index : Yes / No
NCC : Yes / No
mm
TO:
1.The Subordinate Judge, Paramkudi,
2.The District Munsif, Paramakudi.
3.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
S.A.(MD).NoS.367 AND 368 of 2018
S.SRIMATHY, J.
mm
Common Judgment made in
S.A.(MD).Nos.367 and 368 of 2018
Dated:
24.11.2023
https://www.mhc.tn.gov.in/judis
