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SIDDHARTHA ROY CHOWDHURY
Minati Bhadra – Appellant
Versus
Dilip Kr. Bhadra – Respondent
JUDGMENT :
(Siddhartha Roy Chowdhury, J.)
1. Challenge in this appeal is to the judgement and decree passed by learned Additional District Judge, 1st Court, Jangipur, Murshidabad in Title Appeal No. 14 of 2013 passed on 16th March, 2016; by the impugned judgement learned Appellate Court was pleased to set aside the order of dismissal passed by learned Trial Court dated 27th September, 2012 and decreed the suit in the preliminary form.
2. For the sake of convenience the parties will be referred to as they were arrayed before the learned Trial Court.
3. Briefly stated, depicting himself as son of Chabi Rani Bhadra and Aswini Bhadra, the plaintiff filed the suit for partition stating, inter alia, that Chabi Rani Bhadra was the original owner of the suit property which was acquired by purchase and Chabi Rani died intestate on 15th March, 1984 and she was survived by her husband Aswini and son Dilip Kumar Bhadra who thus acquired the property by inheritance.
4. Aswini Bhadra married for the second time. Minati Bhadra is his second wife and in that marriage he fathered two children - Payel @ Munmun Bhadra, daughter and Swadhin Kumar Bhadra, son. After the birth of Swadhin Kumar Bhadra, defend
The court affirmed that documentary evidence is paramount in establishing familial relationships over contradictory oral testimony in inheritance disputes.
The evidence concerning family relationships must comply with Section 50 of the Indian Evidence Act, emphasizing special knowledge and admissibility.
Documentary evidence prevails over oral testimony when establishing legal relationships in property disputes.
The presumption of legitimacy under Section 112 of the Evidence Act affirms a child's right to inherit, unless proven otherwise, promoting equality among heirs.
(1) Prolonged cohabitation attracts strong presumption in favour of a valid wedlock.(2) Revenue records carry only hold presumptive value and do not confer title.
The admissibility of public documents requires corroborative evidence to establish claims of familial relationships; civil suits challenging property mutations remain maintainable under specific prov....
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