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september 2003

Supreme Court of India · 2003-09-26

K. Ethirajan (Dead) By Lrs vs Lakshmi And Ors

Citation / case number
AIR 2003 SUPREME COURT 4295
Court
Supreme Court of India
Petitioner
K. Ethirajan (Dead) By Lrs
Respondent
Lakshmi And Ors
Author
D.M. Dharmadhikari
Bench
D.M. Dharmadhikari

Judgment text excerpt

The Supreme Court upheld the decree of partition granted by the trial court and the first appellate court, emphasizing the validity of the joint patta issued under Section 18(4) and Section 5(2) of The Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948. The Court found that the deceased-defendant's claim to exclusive rights was rejected by all authorities under the Act, and the joint ownership recognized by the Director of Settlement was binding. The Court affirmed that the original plaintiff, K. Ethirajan, had rightful possession and title to the property, thus dismissing the appeal against the partition decree.

K. Ethirajan (Dead) By Lrs vs Lakshmi And Ors · Niyam