Property Law - Coparcenary Property – Burden of Proof – Claim Dismissed for Lack of Evidence - Plaintiff-appellant claimed that the suit land was ancestral coparcenary property and could not be sold without legal necessity – Court held that no documentary evidence corroborated the appellant's claim, and oral testimonies were insufficient to establish that the land was inherit...
Hindu Succession Act – Coparcenary Rights – Plaintiffs, daughters of the deceased Murugan, claimed coparcenary rights in the ancestral properties – Defendants contended that the properties were self-acquired by D1 – High Court held that all the suit properties are ancestral and plaintiffs are entitled to coparcenary rights by birth under the Hindu Succession (Amendment) Act...
Execution Proceedings – Appointment of Legal Guardian – Tenant-petitioner sought appointment of a legal guardian for the landlord-respondent in a comatose state and adjournment sine die till such appointment – Application dismissed by the Executing Court – Court held that as per Order XXXII Rule 15 CPC, an enquiry must be conducted to adjudge the mental condition of the lan...
Civil Procedure – Recovery of Possession – Appeal against the judgment of the First Appellate Court which reversed the Trial Court’s decree in favor of the plaintiff for the recovery of possession of 2 cottahs of land – First Appellate Court set aside the decree on grounds of insufficient description of the suit property and non-joinder of necessary parties – High Cou...