this Court is of the view that the plea of partial partition is not maintainable.
22. Even in the written statement, the defendants ... that the suit is not maintainable.
27. To substantiate the contention that the suit is bad for partial partition in view of the non inclusion
alienee is very well maintainable, such suit
cannot be non suited on the ground of partial partition. The case in
Innsaimuthu and 3 others ... family. Such
a suit was maintainable even though it had the characteristics
of partial partition. Therefore, the contention of the learned
senior counsel that
alienee is very well maintainable, such suit
cannot be non suited on the ground of partial partition. The case in
Innsaimuthu and 3 others ... family. Such
a suit was maintainable even though it had the characteristics
of partial partition. Therefore, the contention of the learned
senior counsel that
suit for partition with ulterior motive. Hence, he prayed for Letters of Administration and for dismissal of the Suit for partition.
8. On the basis ... Pappa Valliammal on 18.10.2000?
(ii) Whether the suit is bad for partial partition claim or not?
(iii) Whether the suit is a counter-blast
Whether the partition dated 12.11.1967 was full and
final in respect of parties and properties or partial partition ... partition deed was entered into between the parties, all the joint family properties
had not been included. At the most, the said partition
Whether the partition dated 12.11.1967 was full and
final in respect of parties and properties or partial partition ... partition deed was entered into between the parties, all the joint family properties
had not been included. At the most, the said partition
bequeathed in his
(2nd defendant's) favour. The suit is not maintainable on facts and in law as all
the properties which are subject ... charges in
respect of the properties. The suit is bad for partial partition.
(C) Case of the 3rd defendant:
7. The 3rd defendant admitted
bequeathed in his (2nd
defendant's) favour. The suit is not maintainable on facts and in law as all the
properties which are subject ... charges in respect of the
properties. The suit is bad for partial partition.
(C) Case of the 3rd defendant:
7. The 3rd defendant admitted
Kulalar Peravai vs A.S.S.Nataraj on 31 March, 2021
Author: N.Sathish Kumar
S.Swarnamukhi (Deceased) vs L.S.Gupta on 15 December, 2016
Author: N.Sathish Kumar
