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Meenal (Died) vs Panchammal : 1St
2025 Latest Caselaw 5660 Mad

Citation : 2025 Latest Caselaw 5660 Mad
Judgement Date : 3 April, 2025

Madras High Court

Meenal (Died) vs Panchammal : 1St on 3 April, 2025

                                                                     SA Nos.1406 of 1999 and 2234 of 2003

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT


                                               Dated: 03/04/2025
                                                            CORAM
                                      The Hon'ble Mr.Justice G.ILANGOVAN


                                     SA Nos.1406 of 1999 and 2234 of 2003
                                                      and
                                             CMP No.21039 of 2003


                     (1)SA No.1406 of 1999

                     1.Meenal (Died)
                     2.P.Arumugam Ammal (Died)                        : Appellants 1 and 2/
                                                                        R1 and R2/Plaintiffs
                     3.Govindan
                     4.Kala
                     5.Vasuki                                         : Appellants 3 to 5/
                       (Appellants 3 to 5                              LR.s of the deceased A2
                       are brought on record
                       as LR.s of the deceased
                       second appellant, vide Court
                       order, dated 18/01/2005
                       made in CMP No.10 of 2005)
                     6.Arumugam                                           : 6th Appellant/LR of
                                                                            the deceased A1
                         (6th Appellant is brought on
                          record as LR of the deceased
                          1st appellant, vide Court order,
                          dated 09/07/2021 made in CMP(MD)
                          Nos.3173 to 3175 of 2021 in
                          SA No.1406 of 1999)

                                                             Vs.
                     1.Panchammal                                           : 1st Respondent/
                                                                              Appellant/
                                                                              4th defendant
                     2.Mariyappan
                     3.Ramayee (Died)
                     4.Ramachandran (Died)
                     5.Periyannan




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                                                                        SA Nos.1406 of 1999 and 2234 of 2003

                     6.Sivagangai Municipality,
                       rep. by its Commissioner,
                       Sivagangai.                                 : Respondents 2 to 6/
                                                                     Respondents 3 to 7/
                                                                     Defendants 1,2,3, 5 and 7
                     7.A.Panju
                       (R7 deleted as per Court
                       order, dated 18/02/2022
                       made in CMP(MD)No.8091 of 2021
                       in SA No.1406 of 1999)
                     8.V.Murugan
                     9.N.Chokki
                       (Respondents 7 to 9 are
                       brought on record as LR.s
                       of the deceased 3rd respondent,
                       vide court order, dated 21/04/2022
                       made in CMP(MD)Nos.1915, 1917 and
                       1919 of 2022 in SA No.1406 of 1999
                     10.Tmt.Valli
                     11.Rojappu (Died)
                     12.Subramani
                        (Respondents 10 to 12 are brought
                        on record as LR.s of the deceased
                        4th respondent, vide Court order,
                        dated 21/04/2022 made in CMP(MD)
                        Nos.9753, 9754 and 9755 of 2018
                        in SA No.1406 of 1999)
                     13.Padma
                     14.Parameswari
                     15.Kirupa
                     16.Marimuthu                        : Respondents 7 to 16
                        Respondents 13 to 16 are brought
                        on record as LR.s of the deceased
                        11th respondent, vide court order,
                        dated 21/04/2022 made in CMP(MD)
                        Nos.8092, 8094 and 8095 of 2021
                        in SA No.1406 of 1999)

                                  PRAYER:-Second Appeal is filed under Section 100 of
                     the Civil Procedure Code, against the judgment and decree
                     made in AS No.47 of 1998 on the file of the Subordinate
                     Judge          at   Sivagangai,       dated        25/01/1999        modifying    the
                     judgment and decree made in OS No.451 of 1994 on the file
                     of the Additional District Munsif Court at Sivagangai,
                     dated 03/03/1997,           thereby declaring 2/15 share of the
                     plaintiffs for passing preliminary decree.


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                                                                    SA Nos.1406 of 1999 and 2234 of 2003

                                  For Appellants                 : Mr.S.Srinivasa Raghavan

                                  For 1st Respondent              : Mr.P.Saravanan
                                                                    for Mr.A.Sivaji
                                  For R2, R5, R6, R13
                                  to R16                         : No appearance

                                  For R3, R4 and R11             : Died (Steps Taken)

                                  For R8 to R10 & R12            : Mr.N.Tamil Mani


                     2.SA No.2234 of 2003:-

                     Panjammal                                     : Appellant/Appellant/
                                                                     4th defendant

                                                            Vs.

                     1.Meenal (Died)
                     2.Arumugam Ammal (Died)                       : Respondents 1 and 2/
                                                                     Respondents 1 and 2/
                                                                     Plaintiffs
                     3.Mariappan
                     4.Ramayee (Died)
                     5.Ramachandran (Died)
                     6.Periannan
                     7.Sivagangai Municipality,
                       by its Commissioner,
                       Sivagangai.                                 : Respondents 3 to 7/
                                                                     Respondents 3 to 7/
                                                                     Defendants 1,2,3,5 and 6
                     8.Arumugam
                       (8th respondent is brought on
                       record as LR of the deceased
                       1st respondent, vide court order,
                       dated 04/08/2023 made in CMP(MD)
                       Nos.5381 to 5392 of 2023 in
                       SA No.2234 of 2023)

                     9.Govindan
                     10.Kala
                     11.Vasuki
                        (Respondents 9 to 11 are brought
                        on record as LR.s of the deceased
                        2nd respondent, vide Court order,
                        dated 04/08/2023 made in CMP(MD)
                        Nos.5381 to 5392 of 2023 in SA
                        No.2234 of 2003)



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                                                                         SA Nos.1406 of 1999 and 2234 of 2003

                     12.A.Panju
                     13.N.Chokki
                     14.Bhuvaneswari
                     15.Manikandan
                     16.Selvi
                        (Respondents 12 to 16 are brought on
                        record as LR.s of the deceased 4th
                        respondent, vide Court order, dated
                        04/08/2023 made in CMP(MD)Nos.5381 to
                        5392 of 2023 in SA No.2234 of 2003)
                     17.Valli
                     18.Subramani
                     19.Padma
                     20.Parameswari
                     21.Kirupa
                     22.Marimuthu                        : Respondents 8 to 22
                       (Respondents 17 to 22 are brought on
                       record as LR.s of the deceased 5th respondent,
                       vide Court order, dated 04/08/2023 made in
                       CMP(MD)Nos.5381 to 5392 of 2023 in
                       SA No.2234 of 2003)


                                  PRAYER:-Second Appeal is filed under Section 100 of
                     the Civil Procedure Code, against the judgment and decree
                     in      AS     No.47   of   1998      on     the      file       of   the   Sub   Court,
                     Sivagangai, dated 25/01/1999 modifying the judgment and
                     decree in OS No.451 of 1994 on the file of the Additional
                     District Munsif Court, Sivagangai, dated 03/03/1997.


                                     For Appellant                        : Mr.P.Saravanan
                                                                            for Mr.A.Sivaji

                                     For R1, R2, R4 & R5                  : Died (Steps taken)

                                     For R3, R6, R12 to R22                 : No appearance

                                     For 7th Respondent                    : Mr.A.Kathiravan
                                                                             (No appearance)

                                     For R8 to R11                        : Mr.S.Srinivasa Raghavan




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                                                                              SA Nos.1406 of 1999 and 2234 of 2003

                                                                COMMON JUDGMENT

SA No.1406 of 1999 is filed against the judgment and

decree passed in AS No.47 of 1998 by the Sub Court,

Sivagangai, dated 25/01/1999 modifying the judgment and

decree passed in OS No.451 of 1994 by the Additional

District Munsif Court, Sivagangai, dated 03/03/1997,

thereby declaring 2/15 share of the plaintiffs passed

preliminary decree, Whereas SA No.2234 of 2003 has been

preferred against the judgment and decree passed in AS

No.47 of 1998 by the Sub Court, Sivagangai, dated

26/01/1999 modifying the judgment and decree passed in OS

No.451 of 1994 by the Additional District Munsif Court,

Sivagangai, dated 03/03/1997.

2.The plaint averments:-

The suit property originally belongs to Chinnaiah

Konar. He had 4 sons by name Ramasamy, Subramanian,

Ramachandran and Alagarsamy and 3 daughters by name

Ramayee, Meenal and Arumugam Ammal. The first plaintiff

is Meenal. The second plaintiff is Arumugam Ammal.

Subramanian died even before the marriage without issues.

Ramasamy died leaving behind his wife as his legal-heir.

The second defendant is Ramayee. Whose daughter is the 4th

defendant namely Panjammal. She was married to

Alagarsamy, who was examined as PW3 on the side of the

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plaintiffs. Another son Ramachandan is the third

defendant. Alagarsamy gone on adoption to Alagu Konar,

who was examined on the side of the defendants. So,

Alagarsamy had no share in the property.

3.On the western side of the property, the second

plaintiff put up a thatched shed and residing. Because of

some issues, the plaintiffs are not willing to possess

the property jointly. So, the suit is filed for partition

and separate possession of 2/5th share.

4.The 4th defendant has no independent right or share

in the property. She proclaimed that she purchased a

portion of the property from the first and third

defendants. She put up two shops around January 1999 in

the suit property. Prayer is sought for in the plaint to

remove the structure in the 4th defendant's property.

Similarly, the 5th defendant, who has no right over the

property, encroached a portion of the property around

1993 and put up tiled structure. So, prayer is sought for

amending 2/5th share, costs.

5.The defendants 1, 2, 3 and 5 remained ex-parte

before the trial court. Only the 4th defendant namely

Panjammal contested the case.

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6.The statement filed by her:- It is admitted that

the suit property originally belongs to Chinnaiah Konar

ancestrally. The relationship between the parties is

admitted. Out of the earnings from the ancestral

properties, Chinnaiah Konar arranged marriage for the

plaintiffs 1 and 2. So, they have no share in the

property. After the death of Chinnaiah Konar, the male

members namely Ramasamy, Subramanian, Ramachandran and

Alagarsamy jointly enjoyed the property. Later,

Subramanian died without any marriage and issues, so also

Ramasamy. So, the properties of Chinnaiah Konar were

divided between Ramachandran, Alagarsamy and Mariappan

the first defendant herein, enjoyed the property

separately as per separate division.

7.As per the partition, the western portion was

allotted to the first defendant Mariappan. Central

portion to Ramachandran, eastern portion to Alagarsamy.

She purchased the western portion allotted to Mariappan,

on 21/03/1985. Similarly, the central portion from

Ramachandran, on 22/06/1984. After purchase, she

constructed two shops and let out the same to one

Periyannan. The portion allotted to Alagarsamy is now in

the enjoyment of the 4th defendant. It was given to her by

Alagarsamy. So, the entire properties belong to the 4th

defendant.

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8.Adoption pleaded in the plaint is not true.

Alagarsamy is a necessary party and the suit is bad for

non-joinder of necessary parties.

9.The second plaintiff's husband was dead. So, she

became helpless. On that consideration, the 4th defendant

permitted the second plaintiff to put up a thatched house

on the western portion for her occupation on rent. But

the second plaintiff did not pay the rent properly.

Later, she executed an undertaking letter, on 14/11/1991

to vacate the premises on or before 15/05/1992. But

against that undertaking, the second plaintiff did not

vacate the premises.

10.On the basis of the pleadings, the following

issues were framed by the trial court:-

                                                 (1)Whether          the         plaintiffs            are
                                      entitled to get any share in the suit
                                      property?


                                                 (2)Whether the suit is bad for non-
                                      joinder of necessary parties?


                                                 (3)Whether          the         plaintiffs            are
                                      entitled to the relief of partition as
                                      prayed for?






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                                                                         SA Nos.1406 of 1999 and 2234 of 2003

                                            (4)Whether            the         plaintiffs           are

entitled to the relief of injunction as prayed for?

                                            (5)Whether            the         plaintiffs           are
                                      entitled      to     the       relief         of     permanent
                                      injunction as prayed for?


                                            (6)To        what        other           relief,       the
                                      plaintiffs are entitled to?


11.On the side of the plaintiffs, 3 witnesses were

examined and 4 documents marked. On the side of the

defendants, 4 witnesses were examined and 34 documents

marked. The Commissioner's report and plan were marked as

Exs.C1 and C2.

12.The trial court, on appreciation of facts decreed

the suit in-part and a preliminary decree for partition

was passed in respect of 2/6th share in the first item; In

respect of 2nd and 3rd items, it was ordered that during

the course of the final decree proceedings, that portion

must be allotted to the 4th defendant; In respect of other

prayers, the suit was dismissed.

13.Against which, appeal was preferred by the 4th

defendant before the Sub Court, Sivagangai, in AS No.47

of 1998. The appellate court allowed the appeal in-part

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modifying the preliminary decree for partition that the

plaintiffs are entitled to get 1/15th share. In respect of

the other prayers, the judgment and decree of the trial

court were confirmed.

14.Against which, these two separate appeals are

preferred. One by the 4th defendant in SA No.2234 of 2003.

Aggrieved over the allotment of the shares, the

plaintiffs preferred SA No.1406 of 1999.

15.At the time of admitting SA No.1406 of 1999, the

following substantial question of law was framed:-

(1)Whether the judgment and decree of the Lower Appellate Court declaring 2/15th share to the plaintiffs without considering the case in terms of provisions contained in Hindu Succession (T.N.Amendment) Act, 1989 (Act 1/90) constitutes error of law and render same as invalid or not?”

16.In respect of SA No.2234 of 2003, the following

substantial question of law was framed at the time

admission:-

“Is not the Lower Appellate Court committed error in law in holding hat PW3 the husband of the appellant has gone in adoption and consequently, he is not

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entitled to any share in the property in view of his release orally as PW3?”

17.Heard both sides.

18.For convenience sake, we will take up SA No.2234

of 2003 for consideration first.

19.A peculiar plea is taken by the parties in

respect of this substantial question of law.

20.PW3 is one of the sons of Chinnaiah Konar. Now

he says in his evidence that he went in adoption to his

Paternal Aunt when he was very young. So, being the

adopted son, he is not entitled for any share in his

father's property. In effect, he supported the case of

the plaintiffs, who are his sisters.

21.Per contra, on the side of the contesting 4th

defendant namely the wife of PW3 Alagarsamy, the adoptive

father was examined as DW2. He would say that PW3

Alagarsamy was never taken in adoption by him. The trial

court recorded a finding that since DW2 has denied the

taking of adoption, that fact was not established by the

plaintiffs. But no issues were framed in respect of this

issue by the trial court.

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22.But the appellate court differed from the finding

stating that since PW3 himself admits the fact of

adoption, nothing more is required to be proved by the

plaintiffs. On that ground, it differed from that view.

23.Now on that account, this substantial question of

law is framed. No doubt that admission is the best piece

of evidence. But at the same time, admission can be

proved to be wrong. Only on that basis, it appears that

the 4th defendant examined DW2 on her side. But reading of

the evidence of DW2 does not inspire any confidence at

all. On the date of his examination, he admits that he

was under the care of the 4th defendant's daughter, which

means that he was under the custody of the 4th defendant.

For many of the questions, he answered in the negative.

He would admit that funeral rites to his wife namely

Valli was performed only by Alagarsamy (PW3). But he has

added a rider that since because, PW3 is the son of her

wife's sister, it might have been performed by him. So,

DW2's evidence was rightly not considered by the

appellate court.

24.The correct date of adoption is not known. But it

is stated by PW1 that when PW3 was very young, he went in

adoption. As per the Hindu Adoptions and Maintenance Act,

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1956, no particular form of adoption is prescribed. The

only condition, which now applies to the present case is

that it is admitted by DW2 himself that they had no

issues, which means that the Aunt of PW3 and DW2 had no

children. So, in all probability, as mentioned by PW3,

who was taken adoption by DW2. But for obvious reasons,

DW2 wants to support the case of the 4th defendant. So,

the recording of the finding by the appellate court that

PW3 went in adoption in view of the specific admission

made by him requires no other evidence, requires no

interference.

25.We can go further deeper into the evidence of

PW3. During the course of cross examination, a suggestion

was made by the 4th defendant that since because, DW2 and

his wife did not have any male child, he was taken by

them, but never adopted. So, this suggestion itself is

sufficient enough to show that DW2's evidence is reliable

as stated above. Now, the adoption is disputed after 50

years. PW3 would say that he was aged about 50 on the

date of his examination. Adoption is challenged by his

wife and not by others. So, this itself is sufficient

enough to show that presumption can be drawn that

actually, he was given in adoption and taken by DW2.

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26.Now coming to the effects of adoption, section 12

of the Hindu Adoptions and Maintenance Act, 1956 reads as

follows:-

“12.Effects of adoption.-An adopted

child shall be deemed to be the child of

his or her adoptive father or mother for

all purposes with effect from the date of

the adoption and from such date all the

ties of the child in the family of his or

her birth shall be deemed to be severed and

replaced by those created by the adoption

in the adoptive family:

Provided that-(a) the child cannot

marry any person whom he or she could not

have married if he or she had continued in

the family of his or her birth;

                                        (b)any    property           which        vested    in   the

                                   adopted   child      before         the       adoption    shall

continue to vest in such person subject to

the obligations, if any, attaching to the

ownership of such property, including the

obligation to maintain relatives in the

family of his or her birth;

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(c) the adopted child shall not divest

any person of any estate which vested in

him or her before the adoption.”

27.So, for all practical purposes, PW3 is severed

from Chinnaiah Konar's family and properties. Only after

the death of Chinniah Konar, the succession might have

opened, but PW3 went on adoption even before that. So, he

is not entitled for any share in the property, as

admitted by him. So, the 4th defendant cannot take up

this plea, more specifically, when PW3 himself has

disowned in connection to the suit property. So, this

substantial question of law does not arise at all and

recording of finding by the appellate court is confirmed.

28.The learned counsel appearing for the appellants

in SA No.1406 of 1999 would submit that PW3 Alagarsamy

got a share and the suit filed without impleading him as

a party is bad for non-joinder of necessary party and for

that purpose, he would rely upon the judgment of the

Hon'ble Supreme Court reported in A.Ramachandra Pillai

Vs. Valliammal (died) and others (1983 0 Supreme (Mad)

138).

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29.Reading of the evidence of PW3 and DW1 does

indicate that some sort of matrimonial issue between them

and got separated for several years and living

separately. The 4th defendant came down to the suit

village and started living separately, purchasing the

share of others. Here, the contention that PW3's share

was given to her in lieu of maintenance is also without

any evidence and that has been raised for the sake of

defence.

30.Equally, it is seen that after the cordial

relationship between the plaintiffs and the 4th defendant

broke down and having allowed the 4th defendant to put up

a construction in the properties, the suit is filed. So,

rightly the trial court observed that during the final

decree proceedings items No.2 and 3, which form part of

the first item must be allotted to the share of the 4th

defendant, since she purchased the same from the first

defendant and Ramachandran. But the appellate court has

not touched that point. So, in view of the above said,

that observation must also be restored to file. During

the final decree proceedings, the final decree Court must

take not of the observation and pass orders accordingly.

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31.Now coming to the issue in SA No.1406 of 1999, in

the grounds of appeal, the invocation of Hindu Succession

(Tamil Nadu Amendment) Act, 1985 (Act 1/90) is invoked.

But in the plaint, the plaintiffs have stated that they

are entitled to get 1/5th share equally.

32.It is admitted by both sides that the suit

property originally belongs to them. It is stated in the

plaint that the property belongs to Chinnaiah Konar. But

it is not stated whether it belongs to him ancestrally or

it is self-acquired property.

33.The statement reads that the property originally

belongs to Chinnaiah Konar ancestrally. In view of the

fact that there is no evidence on record to show that the

property belongs to Chinnaiah Konar as self-acquired

property, the appellate court has drawn a presumption

that it is an ancestral property. In view of the above

said, the court has recalculated the share, since there

is no evidence on record to show the Chinnaiah Konar's

correct date of death. But one of the sons namely

Subramanian reported to be dead in 1976. The appellate

court has stated that the property by notional partition

will come around 1/3rd share each to Chinnaiah Konar,

Ramasamy and the third defendant Ramachandran. Chinnaiah

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Konar's 1/3rd share must be divided among his Class-I

legal heirs. By that way, each is entitled for 1/15 th

share. So, the plaintiffs are entitled for 1/15th share

each. Now in the grounds of appeal, the benefit under

Tamil Nadu Amendment Act is claimed. For claiming the

benefit under the provision of the Tamil Nadu Amendment

Act, the following conditions must be satisfied. The

daughter, who is married before the commencement of the

Act, she is not entitled. Similarly, if the partition is

effected before commencement of the Act, the daughter is

not entitled to equal share with that of the son. The

trial court has taken the share as 1/6th share equally to

sons and daughters.

34.We will take up the second condition. According

to the 4th defendant, after the death of Chinnaiah Konar,

the property was divided orally between the sons and by

which, allotment of the portions were taken place as

mentioned in the written statement. To prove the same,

she has produced the sale deeds obtained from the first

defendant Mariappan and Ramachandran under Exs.B1 and B2.

Wherein we find that reference is made to the partition

and allotment of portions. But to prove the same, except

the recitals in Exs.B1 and B2, no other evidence was

produced by the 4th defendant. On her side, DW1 was

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examined to say that there was oral partition. But the

evidence of DW2 is rejected by me, since it does not

inspire any confidence. On the side of the plaintiffs, it

is stated that no partition took place, as mentioned in

Exs.B1 and B2. No steps were taken by the 4th defendant to

summon the first defendant and Ramachandran to show the

execution. Mere production of Exs.B1 and B2 will not show

that partition was made orally. So, the second condition

mentioned in the above said Act is not satisfied.

35.Regarding the first aspect of marriage before the

introduction of the Act, absolutely there is no evidence.

PW1, the second plaintiff has not stated anything about

her marriage by mentioning the year. But stated that her

husband died 30 years back. She was examined as a witness

in 1996. If calculated 30 years, it will come around

1966. So, she would have been married before 1966, which

means that her marriage took place before the

introduction of the Act. So, without proper pleadings, it

appears that this ground has been raised in the second

appeal.

36.Perusal of the records shows that Exs.B29 and B30

the house tax receipts were standing in the name of the

Chinnaiah Konar, which means that Chinnaiah Konar was

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alive during 1989-1990 and died later. Naturally, even

though, there is no clear evidence on both sides with

regard to the correct date of death of Chinnaiah Konar,

as per section 6 of the Hindu Succession Act, 1956,

national partition must be deemed to have been effected.

So, the Tamil Nadu Amendment Act will not apply, only

Central Act will apply. PW3 Alagarsamy also went in

adoption. On the date of the death of Chinnaiah Konar, 3

female legal-heirs namely Ramayee, Meenal and Arumuga

Ammal were alive. So, as indicated by the appellate

court, Ramasamy, Ramachandran and Chinnaiah Konar each

entitled to get 1/3rd share. 1/3rd share left by Chinniaah

Konar again to be divided equally by Ramasamy, Ramayee,

Ramachandran, Meenal and Arumuga Ammal, which means that

all are entitled to get 1/15th share equally.

37.Even though, the appellate court has made

calculation as per law prevailing then, now in view of

the Amendment of Succession Act, 2005, the entire

scenario has changed. In view of the judgment of the

Hon'ble Supreme Court in VINEETA SHARMA Vs. Rakesh Sharma & Others

(AIR 2020 SUPREME COURT 3717), the daughter become the coparcener

on the date of her birth. The date of death of the

coparcener does not assume importance. So, she is

entitled to get equal share along with the son subjected

https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/04/2025 06:31:36 pm ) SA Nos.1406 of 1999 and 2234 of 2003

to two conditions. One condition is that the right will

not be available if the partition was already effected in

the coparcener. Second, it will not affect the alienation

made. Here, as mentioned above, absolutely, there is no

evidence on record to show that either at the time of

Chinnaiah Konar alive or after his death, there was

partition between the members. The oral partition

mentioned in the sale deed effected in favour of the 4th

defendant is not proved by any independent witness. The

evidence of DW2 was already rejected by me. So, for all

practical purpose, it must be construed that there was no

partition before the Amendment Act came into force.

Similarly, the sale made by the defendants 1 and 3 in

favour of the 4th defendant will not affect the right of

the plaintiffs to get their due share. Since the

plaintiffs are entitled equal share along with the son,

then, as mentioned above, in the plaint, they are

entitled for 1/6th share independently. Totally, they are

entitled to 2/6th share. So, the judgment and decree of

the appellate court is set aside and the judgment and

decree passed by the trial court declaring that the

plaintiffs are entitled to 2/6th share jointly is

restored, of course, subject to the above observations.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/04/2025 06:31:36 pm ) SA Nos.1406 of 1999 and 2234 of 2003

38.In the result, SA No.1406 of 1999 is allowed, by

setting aside the judgment and decree of the appellate

court and the decree and judgment passed by the trial

court declaring that the plaintiffs are entitled for 2/6th

share jointly is restored, of course subject to the above

said observation. SA No.2234 of 2003 filed by the 4th

defendant Panjammal is dismissed. No costs. Consequently

connected CMP is closed.



                     Index:Yes/No
                     Internet:Yes/No
                     er                                                                     03/04/2025




                     To,

                     1.The Additional District Munsif,
                       Sivagangai,

                     2.The Sub Judge,
                       Sivagangai.

                     3.The Section Officer,
                       VR/ER Section,
                       Madurai Bench of Madras High Court,
                       Madurai.







https://www.mhc.tn.gov.in/judis                ( Uploaded on: 25/04/2025 06:31:36 pm )
                                                          SA Nos.1406 of 1999 and 2234 of 2003

                                                                            G.ILANGOVAN, J

                                                                                           er




                                       SA Nos.1406 of 1999 and 2234 of 2003




                                                                                03/04/2025







https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/04/2025 06:31:36 pm )

 
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