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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.SRISHANANDA
S.R. Narasimhamurthy, S/o Ramarao – Appellant
Versus
Sreematha Trust – Respondent
| Table of Content |
|---|
| 1. suit filed by daughters against father on ownership (Para 2 , 3 , 4) |
| 2. cross objection and first appellate court's consideration (Para 5 , 6 , 21) |
| 3. grounds for appeal raised by the appellant (Para 8) |
| 4. substantial questions of law raised in the appeal (Para 9 , 10 , 18) |
| 5. court's analysis on ownership and collusion (Para 14 , 16 , 17 , 23) |
| 6. appeal dismissed for lack of merit (Para 27 , 28) |
JUDGMENT :
V. SRISHANANDA, J.
Heard on merits regarding admission, learned counsel for appellant Sri. Keshavamurthy B. and Sri. Arun Shyam, learned senior counsel for Sri. Suyog Herele for respondent No.1.
2. Facts in brief which are utmost necessary for disposal of the present appeal are as under:
Suit property was sold by the appellant herein by a registered sale deed dated 26.02.2000. Appellant is the first defendant in the suit in O.S. No.12/2015 filed by his daughters questioning the alienation. As expected, the appellant being the father of plaintiff did not contest the suit which shows that it is a collusive suit between the plaintiffs and the first defendant only with an intention to somehow grab the suit property which was sold by the first defendant in favour of the c
A party cannot contest a previously valid sale without independent evidence of collusion or rights over the property sold.
The burden of proof lies with plaintiffs to demonstrate ownership rights, and valid alienation of property by family members for legal necessity cannot be contested without sufficient evidence.
The court emphasizes that specific performance cannot be denied without compelling evidence despite a plaintiff's established readiness and willingness to perform the contract as per law.
A plaintiff must provide sufficient evidence to establish joint family ownership in partition cases; lack of such evidence leads to dismissal of claims.
The validity of a sale deed executed by a Hindu Undivided Family member is upheld when legal necessity is demonstrated, despite claims of ancestral rights by co-parceners.
A suit for partial partition is impermissible if not all joint family properties are included, and admissions made by parties are binding.
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