Madras High Court Overturns Partition Suit: Upholds Validity of Release Deed

Court rules partition suit invalid without cancellation of the registered release deed, emphasizing limitations and procedural compliance.

In a significant judgment, the Madras High Court has overturned a trial court's decision to allow a partition suit, emphasizing the necessity of procedural compliance and adherence to the Limitation Act. The Division Bench, comprising Dr. G. Jayachandran and Mummineni Sudheer Kumar, JJ., delivered the verdict on November 28, 2025, in the case of D. Singaravelu v. Vedavalli.

The dispute centered around a release deed dated October 8, 1990, executed by the plaintiffs, who are the wife and daughters of the deceased Krishnasamy Pillai, in favor of the first defendant, the son of the deceased. The plaintiffs alleged that the release deed was obtained through fraud and misrepresentation, and subsequently filed a suit for partition in 2007. The trial court had ruled in favor of the plaintiffs, declaring the release deed void and granting them a preliminary decree for partition.

However, the High Court found that the plaintiffs failed to seek a declaratory relief to nullify the release deed, which is a registered document presumed valid under Section 114 of the Indian Evidence Act. The plaintiffs' admission of knowledge about the release deed in 2001, yet filing the suit in 2007, was deemed beyond the limitation period outlined in Articles 58 and 59 of the Limitation Act, 1963.

The court emphasized that a suit for partition without addressing the validity of the release deed is not maintainable, particularly when the document had been acted upon for many years. The judgment underscored the need for exemplified pleadings when alleging fraud or misrepresentation, as required under Order VI Rule 4 of the Civil Procedure Code.

The High Court also upheld the validity of subsequent property transfers by the first defendant, rejecting the plaintiffs' claims of sham transactions. The court concluded that the trial court had erred in its judgment due to irrational reasoning and failure to apply established legal principles.

This ruling reinforces the legal standards for challenging registered documents and highlights the importance of procedural correctness and timely action in civil litigation.

Bottom Line:

Partition suit - Registered release deed challenged on grounds of fraud and misrepresentation - Trial Court declared release deed void without specific prayer for declaration - Plaintiffs' knowledge of the release deed acknowledged - Suit for partition without cancellation of release deed deemed not maintainable.

Statutory provision(s): 

• - Order II Rule 2 of the Civil Procedure Code
• - Section 114 of the Indian Evidence Act, 1872
• - Articles 58 and 59 of the Limitation Act, 1963
• - Order VI Rule 4 of the Civil Procedure Code

The court's decision serves as a reminder of the judiciary's role in upholding the sanctity of registered documents and the procedural rigors in civil suits involving claims of fraud and misrepresentation.

D.Singaravelu v. Vedavalli, (Madras)(DB) : Law Finder Doc Id # 2814479