2020 AIR CC 1045 (MAD) ::AIROnline 2019 Mad 1336

Madras High Court

Hon'ble Judge(s): N. Sathish Kumar , J

(A) Hindu Law - Suit for partition - Joint family property - Suit property brought by original owner by availing loan - Plaintiffs and defendant are sons of original owner stood guarantors - Both plaintiffs and defendant paid some amount towards repayment of loan - Admission of original owner that he blended and treated the suit property as joint family property - Evidence of both plaintiffs and defendant that property treated as joint family property - Original owner has no independent income at time of partition - Suit property held as joint family property. (Para 11 12) (B) Hindu Law - Suit for partition - Cancellation of partition deed - Partition deed allotting suit property to two sons out of three sons and share of Rs.50,000/- each given to original owner and another son - Only one son and original owner sought for cancellation of partition deed - Once partition is registered, it cannot be cancelled only by few of parties. (Para 13) (C) Hindu Law - Suit for partition - Defendant claiming share on basis of partition deed - Defendant himself pleaded that partition not acte....