VidhiSangh

Supreme Court of India · 15/04/2025

RAJENDHIRAN versus MUTHAIAMMAL @ MUTHAYEE & ORS.**

[2025] 4 S.C.R. 829 · 2025 INSC 508

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Summary

The Supreme Court recalled its earlier judgment dated 03.01.2024 for want of service on the respondents, reheard the appeal and allowed it. The Madras High Court in second appeal had exceeded the scope of Section 100 CPC by reversing concurrent findings that an oral partition and a will were not proved, relying only on two sale deeds and a mortgage deed relating to different land.

Issues

  1. Whether the High Court, in a second appeal under Section 100 CPC, could reverse the concurrent findings of the trial court and first appellate court that the pleaded oral partition was not proved.
  2. Whether sale deeds and a mortgage deed that merely mention boundaries, and relate to different parcels of land, could establish an oral partition of the suit survey number.
  3. Whether the plaintiffs' claim founded on a will not proved in accordance with law could sustain a decree.

Provisions considered

Held

Result

Miscellaneous application allowed; judgment dated 03.01.2024 recalled; appeal reheard and allowed; High Court judgment in Second Appeal No. 351/2021 set aside; judgments of the trial court and first appellate court dismissing the suit confirmed; no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 829.