Case Note & Summary
The appellant, plaintiff in O.S.No.33/2015, filed a suit for partition and permanent injunction claiming one-third share in the suit property inherited from his mother Saradhammal. The defendants admitted relationship but the first defendant claimed she incurred Rs.4,00,000 for renovation and sought more share. The trial Court decreed the suit granting plaintiff one-third share but directed him to pay Rs.1,33,000/- to the first defendant as his share of renovation expenses. Aggrieved, the plaintiff appealed. The High Court considered whether the condition was valid. The appellant argued no proper enquiry was conducted and he also contributed. The respondents fairly submitted that the issue of expenses could be examined in final decree proceedings. The High Court held that the trial Court did not conduct proper enquiry regarding the validity and manner of expenses, and the condition imposed in the preliminary decree was not sustainable. The Court set aside the condition and directed that the issue of improvement expenses be determined in the final decree proceedings.
Headnote
A) Civil Procedure - Partition Suit - Preliminary Decree - Condition of Payment - The trial Court decreed the suit for partition granting plaintiff one-third share but directed him to pay Rs.1,33,000/- to first defendant for renovation expenses without proper enquiry - Held that such condition cannot be imposed in preliminary decree without proper enquiry and should be determined in final decree proceedings (Paras 3-10).
Issue of Consideration
Whether the trial Court's direction to the plaintiff to pay a sum of Rs.1,33,000/- to the first defendant for getting his share was valid and sustainable without proper enquiry.
Final Decision
The appeal is allowed. The condition imposed by the trial Court directing the plaintiff to pay Rs.1,33,000/- to the first defendant is set aside. The trial Court is directed to conduct a proper enquiry regarding the improvement expenses in the final decree proceedings.
Law Points
- Partition suit
- preliminary decree
- condition of payment
- improvement expenses
- final decree proceedings
- proper enquiry
Case Details
2026 LawText (MAD) (04) 183
C.V. Karthikeyan, K. Rajasekar
Ms.R.T.Sundari for appellant, Mrs.Vasudha Thiagarajan for respondents 1,3 & 4
Rathinamala, Arimuthu, Thavayi, Logalakshmi, Samundeeswaran
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Nature of Litigation
Appeal against judgment and decree in a partition suit.
Remedy Sought
The appellant (plaintiff) sought to set aside the condition imposed by the trial Court directing him to pay Rs.1,33,000/- to the first defendant for getting his one-third share.
Filing Reason
The plaintiff claimed one-third share in suit property inherited from his mother; defendants refused to let him enjoy the property.
Previous Decisions
The trial Court decreed the suit granting plaintiff one-third share but directed him to pay Rs.1,33,000/- to first defendant for renovation expenses.
Issues
Whether the trial Court's direction to the plaintiff to pay Rs.1,33,000/- to the first defendant was valid and sustainable without proper enquiry.
Submissions/Arguments
Appellant argued that no proper enquiry was conducted and he also contributed to renovation; the condition was based on no evidence.
Respondents submitted that documents were exhibited showing expenses, but fairly conceded that the issue could be examined in final decree proceedings.
Ratio Decidendi
In a partition suit, the question of improvement expenses incurred by a co-sharer cannot be determined in the preliminary decree without proper enquiry; such issues should be relegated to the final decree proceedings where proper evidence can be adduced.
Judgment Excerpts
We are of the view that no proper enquiry was conducted by the trial Court regarding their validity and the manner in which all the expenses were incurred.
The condition imposed on the plaintiff to pay a sum of Rs.1,33,000/- to the first defendant is set aside.
Procedural History
The plaintiff filed O.S.No.33/2015 for partition and permanent injunction. The trial Court decreed the suit on 30/10/2018 granting plaintiff one-third share but directing him to pay Rs.1,33,000/- to first defendant. The plaintiff appealed to the High Court in AS No.700/2023.
Acts & Sections
- Code of Civil Procedure, 1908:
