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Supreme Court of India 2018-09-17 dismissed

L. Ponnayal @ Lakshmi vs Karuppannan (Dead) Thr. L.R. Sengoda Gounder & Anr

Bench: 2 — L. Nageswara Rao

In Brief

The appellant, daughter of Athappa Gounder, sought partition of ancestral properties that fell to her father's share under a 1948 Partition Deed. She alleged her father was of unsound mind and that a 1949 Sale Deed was manipulated. The trial court and High Court dismissed the suit, finding the appellant bound by the Partition Deed, that a 1958 Settlement by her grandfather was valid, and that rights to challenge the 1949 Sale Deed were forfeited when her mother failed to comply with a 1953 Compromise Decree. The Supreme Court upheld this, holding parties cannot contradict their own pleadings and unsupported allegations of unsound mind lack merit. Appeal dismissed.

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Succession Law Partition of Property Compromise Decrees Limitation Joint Family Property Adverse Possession

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