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R. RAGHUNANDAN RAO
P. Chengalarayulu S/o Late Krishnaiah – Appellant
Versus
P. Krishnamma W/o Late Krishnaiah – Respondent
JUDGMENT :
R. RAGHUNANDAN RAO, J.
1. Heard Sri N. Nitesh, learned counsel for the appellant.
2. Respondent No. 1 herein had filed O.S. No. 214 of 2008 before the Principal Junior Civil Judge, Puttur, for partition of the suit schedule property on the ground that the said property is ancestral property and self acquired properties of the father-in-law and mother-in-law of the 1st respondent, which requires to be partitioned among the family members of this couple.
3. The case of the 1st respondent was that late Sri Krishnaiah and Smt. Rosamma had five sons viz. late Krishnaiah, Subbaiah (D1), Gangaiah (D2) and Chengalarayulu (D3) and late Ramachandraiah. The 1st respondent, who is the plaintiff was the wife of late Krishnaiah and the 4th defendant is the wife of late Ramachandraiah. The case of the 1st respondent is that both late Krishnaiah and Smt. Rosamma had died intestate and all their sons succeeded to the estate of these two persons and subsequently, 1st respondent and 4th respondent succeeded to the interest of their late husbands.
4. The suit schedule property consists of two items. The 1st item is Ac. 0.45 cents of land in Sy. No. 21/4 and the 2nd item was Ac. 0.22 cents of lan
The burden of proof lies on the party claiming ownership in partition suits, and mere revenue records are insufficient without supporting documentation.
The court emphasized that revenue records alone do not establish title in partition suits; the burden of proof lies on the claimant to provide concrete evidence.
The court determined that properties acquired through gift and sale are self-acquired and not joint family properties, granting the plaintiff an entitlement of 2/6th share.
The presumption of joint family status in Hindu law requires clear evidence to establish prior partition; the Appellate Court allowed partition of one property acquired post-partition while dismissin....
A gift deed executed by a party lacking title is invalid, allowing heirs to seek partition of inherited property without needing to cancel the gift deed.
In partition suits, the burden of proof lies on the party claiming properties as joint family properties, not the plaintiff, who asserts they are separate.
In partition suits, the burden of proof lies on the party defending the validity of registered documents, and all necessary parties must be included in the suit.
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