Suit for Partition

Order 7, Rule 3 CPC 

Suit for partition and separate possession 

Suit dismissed by trial court. 

Present appeal filed against same. 

In the present case, plaintiffs and defendant are not related to each other. 

According to defendant, plaintiffs are stranger. 

Except the fact that the plaintiffs predecessor were in possession of a property which lies adjacent to the property of defendant, there was no semblance of relationship between the parties. 

In such circumstances, the burden is heavy on the plaintiffs to prove the nature of relationship between the parties, their right, if any, in the property to which a decree for partition is sought. 

Plaintiffs failed to establish their case by letting in adequate evidence and by pleadings. 

Trial court, on appreciating the oral and documentary evidence rightly dismissed the suit filed by plaintiffs.  

No reason to interfere with the Judgment of dismissal passed by trial court. 

Appeal dismissed with costs of Rs.10,000/to be paid by appellants to respondent. 

[Paras 28 and 29]

Rajendran vs R.V.Saravanan 

AS 550/18  04/06/20 

[ SUBBIAH JJ ]

[ MADRAS HIGH COURT ]