Reg property
Querist :
Anonymous
(Querist) 17 December 2022
This query is : Resolved
My great grandfather govindasamy with his brother in law appasamy had bought 20.89 acres in 1911, Govindasamy mortgaged his share with his brother chinnasamy in1912,
Appasamy sold his share in 1917 to venkatasamy,and later venkatasamy sold his share to periasamy,
Both Govindasamy and periasamy were in enjoyment of 20.89 acres,In 1921 there was a dispute between Govindasamy and periasamy,and they had partitioned the land between them as self acquired property and will belong to their respective families,it was a registered partition.
In 1993 the heirs of chinnasamy,filed suit for partition claiming half of Govindasamy share by claiming as joint family property,and providing that mortgage as primary evidence,our counsel filed application for rejection of plaint under order7 rule 11 for no cause of action and it was dismissed in1996,again they filed in district Court In 1998 and in 2001,they withdrew the cause with leave to file fresh appeal,after 10 years in 2010 again they filed the same suit for partition.
We had no knowledge of 1921 partition,but Govindasamy only son and my grandfather annasamy had sold 79cents from his share of 10.44 acres in 1969,and partitioned the remaining with his sons in 1970,we had marked both the documents in the respective court,but we failed to produce 1921 document.
They had said in 1921 there was a oral partition between Govindasamy and chinnasamy which was not true,now the district Court dismissed their suit on the ground of limitation(3 years),They made an appeal in madras high Court in 2019 and in 2020 the court had allowed their appeal and granted preliminary decree,we filed a review by producing the 1921 partition document,that has not come for listing till date,now our counsel say that let them file final decree them we will file that 1921 document and fight in high court,but the heirs of chinnasamy knowing about that we had got 1921 document they now are not ready to file for final decree,it has been more than 2years,
Kindly advise
kavksatyanarayana
(Expert) 18 December 2022
A long story and however what is the opinion of your counsel?
Dr J C Vashista
(Expert) 19 December 2022
Be brief and specific for consideration and obligation of experts on this platform.
Otherwise, it would be appropriate to consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding.
T. Kalaiselvan, Advocate
(Expert) 20 December 2022
Where a preliminary decree for partition is passed by an appellate Court and an inquiry is directed to be made under subclause (b), the said Court may direct the Court of first instance to make the inquiry and in every case, the Court of first instance may of its own accord and shall, whenever moved to do so by any of the parties, inquire and pass a final decree.
Therefore you may ahve to wait for them to file the petition under order XX Rule 18 for final decree.
