Madras HC Dismisses Sister’s Property Appeal Citing Her Earlier No-Claim Affidavit; Brother Gets Delivery Within 4 Weeks And ₹25,000 Costs

The appellant, the fifth defendant in O.S. No. 5508 of 2008, brought a second appeal challenging the XVIII Additional City Civil Court’s judgment dated 21 April 2025, which reversed the trial court’s judgment dated 31 March 2021.

She argued, among other things, that the first appellate court had wrongly shifted the burden of proof and failed to consider whether Ex.A1 was a valid settlement deed or Will, and whether the plaintiff required a declaration of title.

The respondents relied on an affidavit the appellant had filed in earlier proceedings, in which she stated that she had no claim or interest in the relevant property.

Section 100 of the Code of Civil Procedure confines a second appeal to cases involving a substantial question of law.

The Court concluded that no such question arose on the facts presented.

It also treated the appellant’s prior statement disclaiming any interest in the property as relevant to her later claim.

The Court noted the appellant’s grounds concerning Ex.A1 and the alleged errors in the first appellate court’s approach.

However, it focused on her earlier affidavit, filed on 25 February 2020, in which she had stated that she had no claim or interest in the property at issue.

The Court considered her subsequent claim inconsistent with that statement and viewed her conduct as supporting the conclusion that the appeal lacked merit.

It therefore found no question of law requiring consideration in a second appeal.

It directed the first respondent/plaintiff to take delivery of the property within four weeks of receiving a copy of the judgment and awarded exemplary costs of Rs. 25,000; the connected civil miscellaneous petitions were closed.