CiteTEXT
...:“… The plaintiff who could claim as legal heir of Sankaran Nair has no right to challenge the partition deed executed by Sankaran Nair and others except on establishment of the fact that Sankaran N...entire right, title and interest in the properties in favour of the respondents herein, by way of family arrangement or otherwise, no deed of partition was required to be executed, cannot be accepted...said land, filed a suit for partition as also for cancellation of the said will. The said suit was decreed by the learned Subordinate Judge by a judgment and order dated 18-1-1992, holding, inter alia...
...the earlier partition deed, Ext.B1, dated 11.11.1993, is vitiated by fraud that she was made to believe that it is only a mortgage deed and under that false pretension, it was got executed...of this nature after the lapse of more than 12 years, that too without setting aside the earlier partition deed, Ext.B1.
2. The relief of setting aside the document is also hopelessly...P. Somarajan, J.:— The question came up for consideration in both these appeals is pertaining to the challenge raised by the plaintiffs in a suit for partition viz. O.S. No. 316/2009 that...
...petitioners, submits that the petitioners are aggrieved with the additional Issue No.2 because though the first to third respondents (the plaintiffs) assert that the contents of the partition deed dated 28.12.1974 about the adoption...adoption is placed on the sixth defendant [the first petitioner] only because he relies on the said partition deed. Sri S.P.Kulkarni emphasizes that the parties to the partition deed dated 28.12.1974 are categorica...but also whether there is fraud in recording the same in the registered partition deed dated 28.12.1974 as asserted by the respondents-plaintiffs. The additional Issue No. 2 does...
...Ramachandrappa was not worldly wise and was incapable of understanding things.8. If at all Ex. P1 partition deed dated 29.12.1969 executed between the father of the plaintiffs and second defendant is void, illegal, u...and misrepresentation. When the third defendant Ramachandrappa did not choose to question the partition deed entered into between himself and step brother, plaintiffs who are claiming share through their father, cannot question the .... Therefore, the partition effected between the father of the plaintiffs and his step brother Rudrappa cannot be re-opened, unless it is shown that the partition deed is obtained by playing fraud and...
...is the lawful owner in possession and enjoyment of the plaint schedule property as per registered gift deed dated 17.11.2011 and that the registered partition deed dated 23.2.2017 is not binding on her and also for permanen...requesting the trial court to frame five additional issues which are as follows : - 1. Whether the plaintiff proves that the partition deed dated 23.2.2017 executed by her is by fraud, coercion...submits that the trial court has lost sight of the fact that in para 6 of the plaint, the plaintiff has alleged fraud in coming into being of the partition deed dated 23.2.2017. She was a party to the...
...?4. Do Defendants 1 and 2 prove that the partition deed dated 5-8-1983 is a valid one?5. Whether the plaintiffs and Defendants 3 to 8 prov...declaration that the partition deed was void.(5) The contention of the appellants that they came to know about the fraud in 1988 was not correct and thus the suit...human conduct. If a plea was to be raised and evidence was required to be addressed that there had been a fraudulent misrepresentation as regards the character of partition deed (Exhibit D-6) and in absence of any particulars having...
...to plaintiff 1 subsequent to the date of the partition deed.2. The pleadings do not contain any material allegation regarding the circumstances in which the partition deed was executed. There is vagu...fraud or the particulars regarding fraud that was practised when the consent of defendant 3 was obtained to the execution of the partition deed, Ext. A. In the evidence of defendant 3, she has made a...that the partition deed was vitiated by fraud or coercion, the transaction can only be regarded as voidable at the option of the parties concerned. There is no averment in the pleadings to the effect...
...that there was alleged partition deed dated 01.02.2012, but it was obtained by defendant No.1 by playing fraud, coercion and making undue influence on the plaintiff. In the said partition deed, major share...partition deed, when the plaintiff had been allotted 3 shares, those 3 shares had not been included as suit schedule properties
- 11 -
in the suit. T..., but it is a matter for trial before the Trial Court in a full- fledged trial. When the plaintiff has admitted that there was a partition deed dated 01.02.2012, whatever the character and nature in the said partition ...
...The appellant-plaintiff has filed a suit for partition and also challenged the partition deed dated 24.5.2005, alleging that the father-in-law of defendant No.1 and father of defendants 2 and 3 have played ...getting executed the partition deed by the father of this appellant who is of unsound mind.
2. The appellant plaintiff has filed I.A.No.I under...respondents is placed on record. The respondents are hereby restrained from alienating the suit item No.5.
4. The partition deed is a registered document which is questioned on the...
....
2. The suit was one for declaration that the partition deed No.595/2016 of Alangatt S.R.O (Ext.A2) has been created by perpetrating fraud, misrepresentation and illegality; and seeking ...more, had allegedly executed the impugned partition deed by perpetrating fraud and misrepresentation in the year 2016. The plaintiff would allege that the above person managed to execute the said...contention that his brother who had affixed signature as a party to that partition deed, was not having the mental capacity to enter into such a transaction. Thus, the plaintiff would contend that the 1st
...
.... According to her, the Partition Deed was obtained by fraud and applying the said principle, it would have to be held that the Partition Deed was a nullity. As noticed above, there is neither a plea of ...any evidence to support her contention that the Partition Deed was obtained by playing fraud on Dattatreya's mother Savithramma. In order to succeed on a plea of fraud or undue influence, Order VI...Rule 4 of CPC makes it mandatory for the plea and ingredients of fraud or undue influence to be precisely stated. Merely making an allegation that the Partition Deed was obtained by
13
...
...brought about behind her back. She claimed that one of her aunts was not included in the partition deed and certain other joint family properties were also not included. She alleged that her signature was obtained on the ...the joint family as well as ancestral properties. The plaintiff also sought for a declaration that the partition deed dated 25.11.2016 is illegal, null and void and not binding on the plaintiff and for...defendants had concocted a partition deed in respect of
5
the suit schedule properties and alleged that the document was...
...separately and enjoying the properties that are fallen to their share. Subsequently under a registered partition deed dated 27-4-1991 the first defendant and the 8 defendant registered the partition that had already taken p...the basis of pleadings the trial Court framed the following issues and additional issues:1. Whether the plaintiffs prove that partition deed dated 27-4-1991 effected between 1st defendant and 8 defendant is unjust and...playing fraud, undue influence and coercion the partition deed came into existence. By taking into consideration the education, the employment and other assets of the 8 defendant the partition was entered...
...partition deed among the parties. Alleging fraud etc., the plaintiff has sought re-opening of the partition.
3. It is quite evident that 13 years after the partition, the suit came to...N R, counsel for the appellant at the time of admission.
2. The appellant is the plaintiff. In her suit for partition, O.S.No.985/2017, on the file of the II Additional Senior...be filed. So the bonafides in seeking re-partition is doubtful. In
3
this view, if the injunction is declined by the...
...property and also challenged the partition deed dated 03.07.2010, which is a result of fraud and undue influence played by the defendants on plaintiffs and accordingly, sought for equitable partition in...light of the submission made by learned counsel appearing for the petitioner and on perusal of the case papers, same would indicate that the plaintiffs have challenged the Partition Deed dated 03.07.2010, which is a result of ..., would indicate that plaintiffs have sought for equitable shares in the suit schedule property and alleged that the said partition deed was executed on account of the fraud committed by defendant No.1...
...partition deed dated 28.12.1974 about the adoption of Sri S.B. Hanumanth Reddy, son of S.H.Basanna, by Sri S.H.Channabasappa and his wife Smt.Gangamma are false and a fraud on them, the burden of...establishing the adoption is placed on the sixth defendant [the first petitioner] only because he relies on the said partition deed. Sri S.P.Kulkarni emphasizes that the parties to the partition deed dated 28.12.19...question is not just whether there was adoption by Sri S.H.Channabasappa and his wife Gangamma but also whether there is fraud in recording the same in the registered partition deed dated...
...:
2. Regular Civil Suit No.116 of 2002 was instituted seeking cancellation of the partition deed dated 23rdDecember 1999 registered at Serial No.1526/1999 as having been obtai...impressions and the Plaintiff No.2 affixed his signature on the partition deed. There was no fraud as the document was executed in the presence of witnesses and the Sub Registrar. Gat No.483 of Village....
2] Whether the plaintiffs further proved that the alleged partition deed dtd. 23-12-99 is obtained by Defendant no.1 by playing fraud ?
Yes...
.... The suit has been filed for the main relief of declaration that the registered partition deed dated 3.8.2002 entered into between herself and the children is null and void and it is the outcome of fraud and...property. It is too premature to disbelieve the contents of the registered partition deed way back in 2002.6. The allegations of fraud, misrepresentation and coercion are serious...conclusion that it is too premature to disbelieve the authenticity of the registered partition deed between the plaintiff and her children. In this view of the matter, the plaintiff has not been able to...
...or right, title in the suit land. There was no partition as such and the story of partition in the deed was concocted. The partition deed was obtained by fraud.4. Defendants contest...?(e) Is the partition deed No. 6369 of 1975 vitiated by fraud?(f) Is plaintiff entitled for declaration that this registered partition deed No. 6369 of 1975 void and inoperat...ploughing the lands. They agreed to transfer a partition of reclaimed Dhani lands measuring an area of 0.6 bighas out of Plot No. 829 by virtue of Bhugutbandha deed for six years. Accordingly, plaintiff...
...and mother are signatories to Ex.D2. The defendants discharged the burden about the execution of the partition deed, and the plaintiff received the amount towards her share under the partition deed. Now the burden ....
2. Suit seeking partition and separate possession and to declare that the partition deed dated 14.08.2008 is not binding upon the plaintiff. Suit property is house and an...deed under the grab of effecting equitable partition in the suit property and the
- 4 -
signature was obtained on...