Case Title: Raja Gounder And Others versus M. Sengodan And Others
Case No.: SLP(C) No. 13486 OF 2007
Decided On: 19.01.2024
Coram: Hon’ble Mr. Justice M.M Sundresh and Hon’ble Mr. Justice S.V.N Bhatti
Facts of the Case:
The Civil Appeal is the result of an action brought by Respondents Nos. 1 and 2 against Respondents Nos. 3 and 4 seeking the division and separate possession of agricultural property. The partition claim was sparked by the death of Muthusamy Gounder in 1982, and the case centres on his family tree. The complaint was opposed by the appellants, who claimed to be Muthusamy Gounder’s offspring through Appellant No. 2. Denying coparcenary status and casting doubt on the legitimacy of marriages, the Trial Court and High Court rejected the lawsuit. In their argument for a portion, the appellants cite confessions found in records such as a mortgage deed (Ex. B-6). Applying the guidelines from Revanasiddappa v. Mallikarjun, the Supreme Court determines that the admissions are legally enforceable and issues a preliminary judgement of division among the heirs of Muthusamy Gounder.
Legal Provisions
Primarily related to family and property laws, the case refers to Section 16 of the Hindu Marriage Act, 1955, which deals with the legitimacy of children born from void or voidable marriages. Additionally, the case involves the interpretation and application of Sections 6 and 8 of the Hindu Succession Act, 1956. The court also relies on Sections 17 and 18 of the Indian Evidence Act, 1872, concerning admissions made by parties in legal proceedings.
Issues
The lawsuit addresses issues of marital legality, the legal standing of those claiming to be Muthusamy Gounder’s children, and whether or not they are entitled to a portion of the divided property. The court must resolve the partition claim by taking into account the acknowledged facts and using previous cases, such as Revanasiddappa v. Mallikarjun, to determine the children’s rights under the Hindu Succession Act.
Court’s analysis and decision
The appeal against the Trial Court’s and High Court’s dismissal of the partition claim was accepted by the Supreme Court. The case included contested marital evidence and the succession of agricultural property following the death of Muthusamy Gounder. The Court established the legitimacy of Respondent Nos. 1 and 3 and Appellant Nos. 1 and 3 as Muthusamy Gounder’s children by using documents such as a registered mortgage deed and pointing out the disregard for the stated conditions. A preliminary decree was published, dividing the properties into equal portions for each of the parties listed.
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Written by- Aastha Ganesh Tiwari
