Partition suit -- Joint family properties - Properties in question independently purchased by defendant/elder brother of plaintiff from his own source of income - Suit properties are not joint family properties - Plaintiff cannot seek relief of partition of suit properties and he would also not be entitled to seek for a permanent injunction restraining defendants from..........
Partition suit -- Joint Family Property - Defendants specifically discharged their burden by oral and documentary evidence that items of Scheduled II are not joint family properties and that items of Scheduled III are not at all presented by parents of plaintiff - Burden heavily shifts on plaintiffs who approached Court seeking partition of properties claiming to be joint..........
Hindu Law -- Joint Family Property - Alienation by Karta - Legal necessity - Alienees have pleaded legal necessity - Therefore, it is for alienees to prove legal necessity - Alienations were for medical expenses of senior male member of family and thereafter for building the house and family maintenance - Sale deed executed in favour of alienees is valid and prove legal..........
Evidence Act, 1872, Section 101 -- Burden of proof - Partition suit - Initial burden of proving suit property to be joint family property is on plaintiffs - Therefore it is for plaintiffs to prove through oral and documentary evidence that suit property was purchased out of joint family income...........
Hindu Law -- Joint Family Property - Partition suit - Plaintiff admitted that suit property is self acquired property of mother/defendant No.1 - No iota of evidence produced by plaintiffs to show that suit property is joint family property - Plaintiffs not entitled for relief of partition as claimed in the plaint - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Subsequent purchaser from co-sharers of a joint family property proceeded with construction of property without land being partitioned amongst co-sharers or divided through settlement - No demarcation has taken place over land in question - In absence of partition or demarcation, it..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed and permanent injunction - Property in question is a joint family property which has been sold without there being any partition - Suit thus, cannot be rejected merely on basis of plaint averments - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment seeks to add some more properties purchased by defendants out of joint family properties - Whether said properties are self acquired properties or joint family properties liable for partition can only be decided during course of trial - Merely because said..........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - Partition suit - Initial burden is on plaintiff to show that suit property was a joint family/ancestral property - After initial discharge of burden, it shifts on defendant to show that property claimed by him was not joint family/ancestral property...........
Hindu Law -- Joint family property - Partition suit - Plaintiff failed to prove that suit property was purchased out of joint family fund and further failed to establish that prior to purchase of suit property there was a nucleus - Suit property is self acquired property of grandfather of plaintiff - Plaintiffs thus, failed to prove that suit property is joint family..........
