Important Point
The Courts below have held concurrently on proper appreciation of evidence that property was not joint family property nor appellant contributed any funds for purchase of plot and there do not call for any interference in appeal u/Art. 136 of the Constitution.

Headnote:Suit for Partition-Appellant filed a suit claiming half share in a house of which he is in joint possession and sought for partition-Dismissed by trial Court-Dismissal affirmed by High Court-Appeal by special leave to Supreme Court-No material to show that the property was joint-No evidence that appellant contributed any money in the purchase of property - Whether concurrent findings against appellant need any interference? (No)-Appeal dismissed.
       Held : The contentions put forth before us are identical to those which are urged in the trial Court and the High Court. There is no material to show that the property was joint or the family possessed joint funds. There was no nucleus to augment or add by way of accretion to the same. There is no material to show that the appellant had contributed any sums of money in the purchase of the house or any contribution thereof. Evidence on record out weight the proof sought to be placed by the appellant in this regard. Firstly, the title deed stood in the name of respondent alone. Respondent placed material before the Court that he had purchased the building material at different stages to raise the construction. He was in possession of the house exclusively right from the date of the construction. The appellant if he had given any money to the respondent could not placed some evidence on record in support of the same. There is nothing forthcoming either in the shape of a documentary evidence or oral evidence except his own self-serving statements which are self-contradictory. Assertions and acclamations will not produce a strong case. The tearful arguments of the appellant had not appealed to us in the absence of even a titer of evidence. The trial Court and the High Court have thoroughly examined the pleadings, the evidence - oral and documentary in a critical manner and have adverted to all the circumstances pointed out by the appellant in arriving at their conclusion. The case put forth by the appellant as to whether the property was joint family property or whether he had contributed any funds towards purchase of the plot are principally in the region of appreciation of evidence and do not call for any interference of this Court in exercise of jurisdiction under Article 136 of the Constitution. Even otherwise, the concurrent findings of the trial Court and the High Court are unexceptionable. (Para 6)
       Hence, this appeal stands dismissed. However, considering the circumstances of the case, there shall be no order as to costs. (Para 7)

Judgment

Rajendra Babu, J.-The plaintiff in a suit is in appeal before us. He filed a suit on July 4, 1970 claiming half share in a house of which he is in joint possession and sought for partition. The defendants in the suit resisted the claim and contended that the plaintiff had no right, title or interest in the said house and the same belongs to him exclusively of which he is in possession as owner. The trial Court found that the evidence tendered by the appellant is inconsistent, unnatural and does not inspire confidence. The case put forth by him is that the defendant had obtained from the office of the Sub-Registrar the original deed dated 3rd November, 1963. However, execution of the said deed had not been established and it was also not clear from the material on record that the consent of the defendant in respect thereof had been obtained. There was no evidence to show that the appellant had made any contribution either towards the purchase of the said site or in the construction of the house thereof. The said suit was dismissed. On appeal the High Court examined the question whether the appellant has any interest to the extent of half share or any other share in the property in dispute. The case set up by the appellant in the High Court was that the defendant had made a transfer of half share in the house in favour of the plaintiff as is borne out from a registered instrument Ex. A.6.

2. The High Court noticed that the plot in which the house is situated was acquired on 1st November, 1960 measuring about 1650 sq. ft. Having purchased the lease hold rights from Sadhu Ram for a consideration of Rs. 4,950/- of which Rs. 200/- was paid as earnest money and the balance was paid at the time of registration, the said deed is said to have been executed on 1st November, 1960. The defendant contended that subsequent to the purchase of the said suit, he put up construction at his expense exclusively. He is in possession of the property and has been paying municipal taxes and realizing amounts from the tenants in occupation over a portion of the house while in the other portion he is in occupation. The courts below were satisfied as to the exact explanation given by the defendant that there were enough resources with him to purchase the property and put up construction thereon. Thus burden lay very heavily upon the appellant-plaintiff to prove his case. Mela Ram, the father had died in the year 1965. He contended that even during his life time, there was a partition among the six brothers in or about the year 1962 and that the property dispute was also included in the partition and the sale was in writing though un-registered. Subsequently, he put forth a case that no writing had been made in this regard. At another stage, the appellant-plaintiff contended that there was no joint family at all. Yet another kind of case was put forth by the appellant that there was joint purchaser of the land along with the respondent and the contribution had been raised by the respondent as a co-owner. A perusal of the plaint would disclose that there is no reference to the source of acquisition of property in dispute not does it mention about the purchases of the land over which the construction stands and much less the appellant-plaintiff having contributed any amount over towards the purchases of the site or towards raising the construction. Even all notices that had been issued prior to the suit were significantly silent on this aspect of the matter. Thus, the claim made by the appellant was hopelessly lacking in the necessary particulars as to the manner in which he could support the same. The pleadings in this state of affairs and the evidence tendered by him was characterised by the High Court as thoroughly unreliable. He has taken different kinds of stands and has done several somersaults in the course of his deposition by contradictory stands taken by him. In the evidence tendered by him, he has stated that he along with the defendant

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1998 Supreme(SC) 895

Important PointThe Courts below have held concurrently on proper appreciation of evidence that property was not joint family property nor appellant contributed any funds for purchase of plot and there do not call for any interference in appeal u/Art. 136 of the Constitution.

Important Point
The Courts below have held concurrently on proper appreciation of evidence that property was not joint family property nor appellant contributed any funds for purchase of plot and there do not call for any interference in appeal u/Art. 136 of the Constitution.