Supreme Court of India · 2024-01-19
Raja Gounder And Ors. vs M.Sengodan And Ors.
- Court
- Supreme Court of India
- Petitioner
- Raja Gounder And Ors.
- Respondent
- M.Sengodan And Ors.
- Author
- M.M. Sundresh
- Bench
- M.M. Sundresh
Judgment text excerpt
The Supreme Court upheld the dismissal of the partition suit filed by Respondent Nos. 1 and 2 under Section partition of the Hindu Succession Act, 1956, ruling that the existence of a coparcenary was not established due to the denial of marriage between Respondent No. 2 and the propositus, Muthusamy Gounder. The Court emphasized that for a valid claim of partition, the plaintiffs must prove their status as coparceners, which was not substantiated in this case. Consequently, the appeal was dismissed, affirming the lower courts' decisions.