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january 2024

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.

Raja Gounder And Ors. vs M.Sengodan And Ors. · Niyam