THIMMAPPA RAI versus RAMANNA RAI AND ORS.

THIMMAPPA RAI versus RAMANNA RAI AND ORS.

Occupancy right granted under the Madras Cultivating Tenants Protection Act, 1955 to the eldest son enures to the benefit of all heirs who were jointly in possession; a suit for partition as to such property is maintainable. The Civil Court has jurisdiction to decide partition in absence of exclusive determination by Land Tribunal and where occupancy is for benefit of all heirs. Finding of equal devolution regarding Schedule (C) property is affirmed, but presumption of joint family fund for Schedule (D) property is not proved; appellant entitled to 1/5th share therein.

Parties
Appellant: Thimmappa Raj; Respondent No. 1: Ramanna Raj; Respondent No. 2: Padmavathi; Respondent No. 3: Savithci; Respondent No. 4: Sunanda (widow of Subbayya Rai)
Jurisdiction
India
Judgment Date
09 May 2007
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Affirming Trial Court Decree in Suit for Partition
Outcome
Appeal partly allowed
Legal Topics
Partition, Tenancy, Succession, Joint Family Property, Admission as Evidence
Property Law Land Law Family Law Partition Tenancy Succession Joint Family Property Admission as Evidence

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Parties

Thimmappa Raj

Appellant

Ramanna Raj

Respondent No. 1

Padmavathi

Respondent No. 2

Savithci

Respondent No. 3

Sunanda (widow of Subbayya Rai)

Respondent No. 4

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Affirming Trial Court Decree in Suit for Partition

Legal Issues

  1. 1 Whether grant of occupation right under Madras Cultivating Tenants Protection Act, 1955 vests property exclusively in the named lessee or for the benefit of all heirs
  2. 2 Maintainability of suit for partition in respect of property for which occupancy right has been granted to one family member
  3. 3 Jurisdiction of Civil Court in partition of properties with occupancy rights under Karnataka Land Reforms Act, 1961

Ratio Decidendi

Occupancy right granted under the Madras Cultivating Tenants Protection Act, 1955 to the eldest son enures to the benefit of all heirs who were jointly in possession; a suit for partition as to such property is maintainable. The Civil Court has jurisdiction to decide partition in absence of exclusive determination by Land Tribunal and where occupancy is for benefit of all heirs. Finding of equal devolution regarding Schedule (C) property is affirmed, but presumption of joint family fund for Schedule (D) property is not proved; appellant entitled to 1/5th share therein.

Court Disposition

Appeal partly allowed

Orders

  • Judgments of Trial Court and High Court affirmed with respect to properties described in Schedule (B) and (C) of the plaint.
  • Judgment as regards Schedule (D) property set aside; appellant entitled to 1/5th share of Subbayya Rai as also property obtained jointly from one of the sisters.