Supreme Court of India
Raja Gounder and Others v. M. Sengodan and Others
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What the Court ordered
By applying the above principle on the entitlement of share to the children of void or voidable marriages, the judgements under appeal are liable to be set aside and are accordingly set aside. We allow the appeal by passing a preliminary decree of partition for the plaint schedule properties, firstly between Respondent No. 3 and Muthusamy Gounder. Secondly, in the notionally partitioned share of Muthusamy Gounder, his children, i.e., Appellant Nos. 1 and 3, Respondent No. 1 and Respondent No. 3 are allotted equal shares.
Judgment, 18
From the headnote
Issue for Consideration civil suit was filed by respondent Nos. 1 and 2 for partition and separate possession of plaint schedule properties. During the pendency of the suit, appellants were impleaded. The Trial Court recorded a categorical finding that appellant no.2 and respondent no.2 were not wives of MG, propositus of parties, and consequently, the status of the children through the extended family as coparceners was rejected.…
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