Determination of mesne profits in the partition suit

In AIR 1989 NOC 74 (Mad) (Krishnamurthi v. Gopal Gounder), Ratnam, J. considering a case of determination of mesne profits in the partition suit observed thus : — “In a suit for partition, the mesne profits with reference to the properties forming the subject-matter of the suit, and referable to the properties, eventually allotted to the share of the successful party form part and parcel … Continue reading Determination of mesne profits in the partition suit

Effect of death of a party after passing preliminary decree involving question of share in partition suit

Variations or changes in the shares on account of death of party/parties and other developments after the decree affecting the rights and liabilities of the parties can be determined if necessary by passing further preliminary decree or if no complicated questions are involved, the matter can be decided in the final decree proceedings itself. Continue reading “Effect of death of a party after passing preliminary decree involving question of share in partition suit”

Whether a preliminary decree is regarded as embodying the final decision of the Court passing that decree?

In Venkata Reddy v. Pethi Reddy, AIR 1963 SC 992, reversing a decision of the Madras High Court in AIR 1956 Mad 413, Mudholkar, J. said (at p. 995) : “A decision is said to be final when, so far as the Court rendering it is concerned, it is unalterable except by resort to such provisions of the Code of Civil Procedure as permit its … Continue reading Whether a preliminary decree is regarded as embodying the final decision of the Court passing that decree?

What is the period of limitation for execution of preliminary decree for partition.

In our opinion a preliminary decree for partition crystallizes the rights of parties for seeking partition to the extent declared, the equities remain to be worked out in final decree proceedings. Till partition is carried out and final decree is passed, there is no question of any limitation running against right to claim partition as per preliminary decree. Even when application is filed seeking appointment of Commissioner, no limitation is prescribed for this purpose, as such, it would not be barred by limitation, lis continues till preliminary decree culminates in to final decree. Continue reading “What is the period of limitation for execution of preliminary decree for partition.”

S. Esabella Vs. C. Thankarajan [SC 2017 DECEMBER]

KEYWORDS:- PARTITION CASE-impracticability of partitioning- DATE:-DECEMBER 12, 2017 Appellant, having not challenged the preliminary decree, may challenge the final decree in Partition case  SUPREME COURT OF INDIA S. Esabella Vs. C. Thankarajan [Civil Appeal No(S). 21804-21805/2017 arising from SLP (C) Nos.7476-7477 of 2015] KURIAN, J. 1. Leave granted. 2. The appellant has approached this Court challenging the orders passed by the High Court dated 19.06.2014 … Continue reading S. Esabella Vs. C. Thankarajan [SC 2017 DECEMBER]

Venu vs Ponnusamy Reddiar (Dead) Thr. Lrs

27.04.2017 In our opinion a preliminary decree for partition crystallizes the rights of parties for seeking partition to the extent declared, the equities remain to be worked out in final decree proceedings. Till partition is carried out and final decree is passed, there is no question of any limitation running against right to claim partition as per preliminary decree. Even when application is filed seeking … Continue reading Venu vs Ponnusamy Reddiar (Dead) Thr. Lrs

T. Ravi & Another Vs. B. Chinna Narasimha & Ors. etc

21.03.2017 Partition suit-Preliminary decree⇒ in a suit for partition where preliminary decree is passed, at the time of passing of the final decree it was not open to the respondent to raise the contention that he was a tenant of the suit premises. Section 97 CPC specifically provides that where any party aggrieved by the preliminary decree does not appeal from the said decree, he … Continue reading T. Ravi & Another Vs. B. Chinna Narasimha & Ors. etc

Dr. Chiranji lal (D) by L.Rs. Vs Hari Das (D) by L.Rs.

13-05-2005 Partition Suit – Limitation ⇒ Merely because there is no direction by the Court to furnish the stamp papers for engrossing of the decree or there is no time limit fixed by law, does not mean that the party can furnish stamp papers at its sweet will and claim that the period of limitation provided under Article 136 of the Act would start only thereafter … Continue reading Dr. Chiranji lal (D) by L.Rs. Vs Hari Das (D) by L.Rs.