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.