In Brief
S. Subramanian sought partition of certain properties against S. Ramasamy. The Trial Court dismissed the partition suit, holding the properties were self-acquired, not joint family property. The High Court reversed this finding in a Second Appeal under Section 100 CPC. The Supreme Court held that the High Court exceeded its appellate powers by re-examining factual findings on evidence. Since the original owner (Sengoda Gounder) had clearly treated the properties as self-acquired, the Trial Court's judgment was correctly reasoned. The Court allowed the appeal, quashed the High Court's order, and restored the Trial Court's dismissal of the suit.
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