Supreme Court of India · 2024-01-19
RAJA GOUNDER AND ORS. vs M.SENGODAN AND ORS.
- Citation / case number
- SC 2007/21288
- Court
- Supreme Court of India
- Petitioner
- RAJA GOUNDER AND ORS.
- Respondent
- M.SENGODAN AND ORS.
- Author
- S.V.N. BHATTI M.M. SUNDRESH
- Bench
- HON'BLE MR. JUSTICE S.V.N. BHATTI HON'BLE MR. JUSTICE M.M. SUNDRESH
Judgment text excerpt
The Supreme Court upheld the dismissal of the partition suit filed by Respondent Nos. 1 and 2 under the Hindu Succession Act, 1956, emphasizing that the existence of a coparcenary and ancestral property must be established through credible evidence. The Court found that the Trial Court correctly ruled that Respondent No. 2's marriage to Muthusamy Gounder was not proven, thereby negating the claim for partition. The Court affirmed the lower courts' decisions, reinforcing the principle that legal heirs must be clearly identified for partition claims to succeed.