BALAKRISHNAN Vs. CHANDRASEKHARAN

JUDGEMENT

(1.) A partition panchayat muchalika dated 23-12-2001 was sought to be marked as defence exhibit on behalf of the petitioners/defendants. The respondent/plaintiff objected to the same, as it is inadmissible under the Indian Registration Act and Indian Stamp Act. Accepting the said objection, the trial Court dismissed the prayer of the petitioners/defendants to mark the said document as an exhibit. Hence, this civil revision petition by the petitioners/defendants.

(2.) The respondent/plaintiff filed the suit for permanent injunction against the petitioners/defendants. The respondent/plaintiff is the younger brother to the first petitioner. According to the respondent/plaintiff, mother Ramayammal settled the suit property in his favour and that he was put in possession. Since the petitioners attempted to interfere with his possession, he filed the suit.

(3.) The suit was contested by the petitioners that the suit property was ancestral property and the subject matter of partition panchayat muchalika and therefore, the mother Ramayammal had no right to settle the property in favour of the respondent/plaintiff through the settlement deed.