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SANJAY A. DESHMUKH
Ujwala w/o Sheshraoji Guddhe – Appellant
Versus
Prakash s/o Govindrao Dharmadhikari – Respondent
JUDGMENT :
1. This appeal is preferred against the judgment and decree passed by the learned District Judge-1, Nagpur in Regular Civil Appeal No.792/2022, dated 26.06.2023. The first appeal was preferred against the judgment and decree passed by the learned Civil Judge, Senior Division, Nagpur in Special Civil Suit No.357/2000 dated 27.02.2007. The suit and appeal both were dismissed. The appellant-defendant no.4 has preferred this appeal.
THE PLAINTIFF’S CLAIM :
2. Brief facts of the case are that the plaintiff Prakash s/o Govindrao Dharmadhikari filed suit for partition and separate possession, declaration and perpetual injunction against the defendants of the following properties. These were the subject matter of the suit; (i) House No.234, Ward No.22, situated at Hanumant Ward, Pandhurna, Tahsil-Pandhurna, District-Chindwara (M.P.) and (ii) Plot No.C-92, ad-measuring 96 Sq. Meters out of Khasra No.25/2k situated at Ward No.95, Nagpur.
3. The plaintiff contended that his father defendant no.1 Govind having three sons Prakash-Plaintiff, Ashok, the defendant no.2, Anant and the defendant no.3 daughter Ulka. The defendant No.4/Appellant is purchaser of the suit property situated at Pan
The plaintiff failed to prove ancestral property claims, leading to the dismissal of the partition suit and the recognition of the defendant's legal ownership.
A plaintiff must provide sufficient evidence to establish joint family ownership in partition cases; lack of such evidence leads to dismissal of claims.
The legal principle established is that in cases involving the sale of joint family property, the burden of proving legal necessity lies with the purchaser only if the plaintiffs have properly pleade....
The court annulled a sale deed executed under fraudulent circumstances, affirming that a seller lacking exclusive rights cannot validly transfer property.
The plaintiff failed to prove entitlement to joint ownership as the suit property was deemed self-acquired and valid prior decrees rendered the claims inadmissible.
The court reaffirmed that a sale deed executed for family and legal necessity by a joint family member is binding, barring challenge by family members after significant delay without sufficient cause....
The court upheld that joint ownership requires equal rights in property, rejecting claims of exclusive ownership by one party in a partition dispute.
The burden of proof lies on the party alleging ancestral or joint property, and without evidence to support the claim, the Courts may reject the suit.
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