K. ARUMUGA VELAIAH versus P.R. RAMASAMY AND ANR.

K. ARUMUGA VELAIAH versus P.R. RAMASAMY AND ANR.

The 1964 panchayat award was a memorandum of understanding/family arrangement that did not create rights in any specific joint family immovable property and thus did not require registration under Section 17(2)(v) of the Registration Act; further, the factual finding in A.S. No.37 of 1993 that the joint family properties were partitioned in 1964 has attained finality and, having been acted upon, bars the appellant's subsequent suit for partition and separate possession by operation of res judicata; accordingly the appeals were properly dismissed.

Parties
Appellant / Plaintiff (original): K. Arumuga Velaiyah; Respondents / Defendants (original): P.R. Ramasamy and Anr.
Jurisdiction
India
Judgment Date
27 January 2022
Procedural Posture
Civil Appeal / Appeal From High Court Judgment (judgment on Appeal)
Outcome
Appeal dismissed
Legal Topics
Res Judicata, Partition, Registration of Instruments, Family Settlement, Admissibility of Arbitral Award
Civil Procedure Property Law Registration Law Family Law Res Judicata Partition Registration of Instruments Family Settlement +1 more

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Parties

K. Arumuga Velaiyah

Appellant / Plaintiff (original)

P.R. Ramasamy and Anr.

Respondents / Defendants (original)

Procedural Posture

Civil Appeal / Appeal From High Court Judgment (judgment on Appeal)

Legal Issues

  1. 1 Whether the suit for partition was barred by res judicata in view of the finding in A.S. No. 37 of 1993 that a partition had been effected in 1964
  2. 2 Whether the 1964 panchayat award/award for partition required registration under Section 17 of the Registration Act, 1908 and was admissible/enforceable

Ratio Decidendi

The 1964 panchayat award was a memorandum of understanding/family arrangement that did not create rights in any specific joint family immovable property and thus did not require registration under Section 17(2)(v) of the Registration Act; further, the factual finding in A.S. No.37 of 1993 that the joint family properties were partitioned in 1964 has attained finality and, having been acted upon, bars the appellant's subsequent suit for partition and separate possession by operation of res judicata; accordingly the appeals were properly dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Each party shall bear their own costs