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2025 DIGILAW 157 (SC)

Kanagambal v. Selvaraj

2025-01-07

SANDEEP MEHTA, SANJAY KAROL, VIKRAM NATH

body2025
ORDER : 1. Leave granted. 2. Heard learned counsel for the appellant as well as learned Senior Counsel appearing for the respondents. 3. The appellant is the plaintiff in a suit for declaration of title and permanent injunction and in the alternative possession, if not found. 4. The Trial Court decreed the suit. The First Appellate Court dismissed the appeal of the defendant, however, the High Court on second appeal has reversed the judgments of both the Courts below and dismissed the suit. 5. From the admitted facts, it is clear that the plaintiff and the defendants are the heirs of two daughters of the original land owner. As such, whether the defendant was an adopted son of the son of one of the daughters or not, even if, decided in favour of the defendant, he would be entitled to half share of the suit property. The High Court has found the defendant to be the adopted son, as such, the plaintiff and the defendant would be entitled to half share of the property in question. The claim by both of the parties of full share cannot be sustained. 6. Accordingly, the appeal stands allowed. The impugned order is set aside and the plaintiff and the defendants are declared as owner of the half share of the property in question. We have been informed that the suit for partition is already pending between the parties. The same may be decided on its own merits in accordance with law. The parties would be at liberty to raise all possible issues in the pending partition suit. 7. Pending application(s), if any, shall stand disposed of.