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SANDEEP MEHTA, JOYMALYA BAGCHI
Dastagirsab – Appellant
Versus
Sharanappa @ Shivasharanappa Police Patil (D) by LRs. – Respondent
JUDGMENT
Joymalya Bagchi, J.
1. The appeal is directed against judgment and decree dated 12.01.2007 passed by the High Court of Karnataka reversing the judgment passed by the Principal Civil Judge (Senior Division), Gulbarga [Hereinafter referred to as ‘the Trial Court’] in OS No. 93 of 2000 and decreeing partition and separate possession of half share of the suit land [Land measuring 9 acres 1 gunta in Survey No. 49/2, Bablad Village, Taluk and District Gulbarga, Karnataka] in favour of the plaintiff-respondent no.7 [Hereinafter referred to as ‘Plaintiff’] herein.
2. For clarity, parties are referred as per their status before Trial Court. The plaintiff’s case is as follows:
(1) Right of a Karta to sell joint family property is well settled – Karta enjoys wide discretion with regard to existence of legal necessity and in what way such necessity can be fulfilled – Whether....
The Kartha of a joint family must prove legal necessity for alienation of family property; failure to demonstrate necessity invalidates alienation for coparceners' shares.
Agreement of sale post-partition binds only signatories' shares; lacks Karta recital or legal necessity, does not bind non-signatory coparceners' independent shares.
It is now well settled principles in regard to powers under Section 100 of Code of Civil Procedure that when Courts below record its concurrent findings of facts based on appreciation of facts and ev....
(1) Exercise of powers given rights of Karta on fulfilling requirement of legal necessity or betterment of estate is valid and binding on other coparceners – Agreement to sell cannot be set aside on ....
The burden of proving legal necessity for the alienation of ancestral property lies on the alienee, and the transaction must be for the family's benefit, binding all undivided family members.
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