Civil Procedure Code, 1908, Order 26, Rule 1, Evidence Act, 1872, Section 50 -- Suit for partition - Issue is whether the relationship between the deceased `D' and the plaintiffs' mother can be presumed to be a valid marital union, in the absence of formal documentary proof - The defendants, except for denying the marriage between the deceased `D' and the plaintiffs'..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Plaintiffs pleaded oral family arrangement - However, respondent who is one of legal heirs of deceased would submit that Family Arrangement Deed is a fraudulently created document - She is thus, a necessary and proper party in the suit - Unless respondent is impleaded as a party in..........
Evidence Act, 1872, Section 17, 58 -- Proviso - Oral admission - Joint property - Oral admission as to possession of plaintiff over suit property is not sufficient evidence to infer partition of suit property - Proof of partition is necessary as per S.58 Proviso of Evidence Act - Said admission is not sufficient evidence of partition...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plaintiff successfully established his possession and enjoyment of suit property - However, not even a single document has been filed or exhibited on the side of defendant - Mere admission of PW1 that suit property was allotted to defendant No.4 under a oral partition, cannot be sole criteria to..........
Partition suit -- Suit dismissed qua four items of suit properties - Alleged oral relinquishment of said properties discarded by trial Court being not proved - No evidence is adduced that properties in question were purchased only out of joint family funds in the names of members of joint family thereby entitling plaintiff to a share in the same - Suit rightly dismissed..........
Partition suit -- Oral partition had taken place between three sons of original owner - One of sons sold certain portions of suit properties - Predecessor of plaintiffs also purchased certain specific portions of suit properties from said son - There is thus, partition between parties and brothers were enjoying the properties as their absolute properties - Suit for..........
Partition suit -- Plea of oral partition - Defendant pleaded that there was oral partition between parties and plaintiff has lost his right in the properties allegedly allotted to defendant in oral partition by ouster - However, defendant neither raised necessary pleadings nor adduced any evidence in this regard - Defendant thus, miserably failed to prove oral partition..........
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..........
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...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Case of plaintiff that oral partition took place between brothers - Plaintiff permitted his sister, defendant to cultivate property - Case of defendant that property was gifted to her by way of "Stridhana" - There were four female descendants to father of defendant - In such case, oral gift to..........
