NDLI: K. Arumuga Velaiah Vs. P.r. Ramasamy and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Civil Procedure 1908
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Code of Civil Procedure, 1908 – Res Judicata –Registration Act, 1908 – s.17 – One ‘PS’ had two wives – From his first wife, he had 4 daughters and a son (first defendant) and through his second wife he had two sons; second defendant and late‘M’ – Second defendant’s son is plaintiff – Plaintiff has averred that he has a right to one-fourth share of PS under a will dated 26.01.1994 – Plaintiff has sought partition and separate possession of his one-fourth share in the suit schedule properties – District Munsiff dismissed the suit – First Appellate Court also dismissed the appeal and cross appeal – First Appellate Court held that in an earlier Appeal Suit No. 37 of 1993 that the suit properties were partitioned in the year 1964 and were binding on the parties and hence a fresh suit filed by the plaintiff seeking the very same relief was not maintainable – High Court held that in an earlier Appeal Suit No. 37 of 1993 that all the joint family properties had been divided into three shares in favour of the sons of PS – Against the said decision, no appeal had been preferred and hence the finding regarding the partition had attained finality – Therefore, the instant suit was barred by the principle of res judicata – Before the Supreme Court, point for consideration whether, the suit filed by the plaintiff is barred in view of the judgment and decree passed in A.S. No. 37 of 1993 dated 23.03.1999, wherein it was held that a partition had been affected in relation to the joint family properties between the first and second defendants and late ‘M’ in the year 1964 – Held: Partition of this property took place in the year 1964 by virtue of an award dated 13.06.1964 passed by the panchayatdars – The said document was only a memorandum of understanding/family arrangement to be acted upon in future – The said document did not create rights in specific properties or assets of the family, in favour of specific persons – The same did not require registration u/s. 17 (1) (e) of the Act – Further, having regard to the fact that in the instant case there has been no challenge to the finding of partition between the parties till date and the same has attained finality – Hence, the partition of the ancestral/joint family properties having found to have taken place in the 1964 and the same having been acted upon, a fresh suit for partition and separate possession of the suit properties was not at all maintainable – The principle of res judicata squarely applies in the present case – High Court was justified in affirming the judgments of the First Appellate Court as well as the Trial Court dismissing the suit filed by the appellant-plaintiff.
Judge	Hon'ble Ms. Justice B.V. Nagarathna
Neutral Citation	2022 INSC 103
Petitioner	K. Arumuga Velaiah
Respondent	P.r. Ramasamy And Anr.
SCR	[2022] 11 S.C.R. 692
Judgement Date	2022-01-27
Case Number	2564

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K. Arumuga Velaiah Vs. P.r. Ramasamy and Anr.

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K. Arumuga Velaiah Vs. P.r. Ramasamy and Anr.

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