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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
S.R.KRISHNA KUMAR, C.M.POONACHA
Gouramma W/o Shankrappa Sheludi – Appellant
Versus
Gangavva W/o Nagappa Angadi – Respondent
| Table of Content |
|---|
| 1. dismissal of partition suit by trial court (Para 1 , 3 , 4 , 8) |
| 2. defendants' ownership claims over the properties (Para 5 , 6) |
| 3. plaintiffs' claims based on inheritance (Para 11 , 12 , 13) |
| 4. defendant no.4's arguments against plaintiffs (Para 14) |
| 5. points of consideration in the appeal (Para 16 , 17) |
| 6. trial court's justification for findings (Para 19 , 20 , 21 , 27) |
| 7. final conclusion of appeal dismissal (Para 28) |
JUDGMENT :
S.R. KRISHNA KUMAR, J.
1. This appeal is by the unsuccessful plaintiffs in OS No.11/2018 is directed against the impugned judgment and decree dated 19.09.2019 passed by the Senior Civil Judge and JMFC., Kalaghatagi [Hereinafter for short ’trial Court’] whereby the said suit filed by the appellants-plaintiffs against the respondents-defendants for partition and separate possession of their alleged share in the suit schedule immovable properties and for declaration and other reliefs came to be dismissed by the trial Court.
2. For the purpose of convenience, parties are referred to by their respective ranking before the trial Court.
3. The brief facts giving rise to the present appeal are as under:
(a) The plaintiffs instituted the aforesaid suit in
The burden of proof to establish joint family property lies with the plaintiffs, which remains unchanged even when defendants do not contest the suit.
The distinction between joint family property and self-acquired property is critical in partition suits, and registered sale deeds can effectively rebut claims based on revenue record entries.
Joint family property retains its character unless proven otherwise; sales by co-parceners without all parties' consent do not extinguish shared rights.
A suit for partition may be maintainable without including all properties, and claims of prior arrangements need substantial evidence to be valid.
The burden of proof lies on plaintiffs to establish their claims of joint ownership in partition suits, failing which the trial court's findings stand affirmed.
The sale of property cannot supersede joint family ownership claims without valid evidence of prior partition or separate acquisition.
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....
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