IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO
M.Vasantha Lal – Appellant
Versus
E.Sulochana – Respondent
JUDGMENT :
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
This second appeal under Section 100 of the Code of Civil Procedure (“C.P.C.” for short ) is filed aggrieved against the Judgment and decree, dated 22.03.2022 in A.S.No.15 of 2016, on the file of Senior Civil Judge, Puttur (“First Appellate Court” for short), confirming the Judgment and decree, dated 25.02.2016 passed in O.S.No.187 of 2007, by the learned Principal Junior Civil Judge, Puttur (“trial Court” for short).
2. The appellants herein are the defendant Nos.4 & 5; 1st respondent herein is the plaintiff and respondent Nos.2 to 4 herein are defendant Nos.1 to 3 in O.S.No.187 of 2007, on the file of the Principal Junior Civil Judge, Puttur.
3. The plaintiff initiated action in O.S.No.187 of 2007, on the file of the Principal Junior Civil Judge, Puttur, with a prayer for the division of the plaint schedule property into three equal shares and allot one such share to the plaintiff and for costs.
4. The learned Principal Junior Civil Judge, Puttur, decreed the suit with costs. Felt aggrieved of the same, the defendant Nos. 4 and 5 in the above said suit filed A.S.No.15 of 2016, on the file of Senior Civil Judge, Puttur. The learned Senio
A second appeal under Section 100 of the CPC can only be admitted if substantial questions of law arise; in this case, no such questions were found.
The possession of property by a co-owner does not amount to adverse possession against other co-owners unless clear ouster is proven.
A second appeal under Section 100 of CPC requires substantial questions of law; mere disagreements with lower court findings do not suffice.
In matters of partition, proof of ancestral property entitlement and the absence of substantial legal questions are critical for appeal outcomes.
The burden of proof on the plaintiffs to establish the disputed properties as joint family properties and the application of settled principles of law in determining the entitlement to the properties....
In a suit for declaration of title, the burden of proof lies on the plaintiff to establish a clear case for granting such relief, not on the weaknesses of the defendant's case.
A Family Arrangement that excludes Class-I legal heirs is invalid, and all heirs must be consulted for a legally enforceable partition.
A party who has relinquished their rights in joint family properties cannot later claim partition or execute a will regarding those properties.
The existence of a registered partition deed effectively negates claims of joint family status and prior undivided ownership.
The burden of proof lies with the Plaintiffs to establish the joint family character of properties in a partition suit, and mere possession does not suffice to validate ownership claims.
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