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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD. SHABBAR RASHIDI
Surendra Agarwala – Appellant
Versus
Indira Gupta – Respondent
| Table of Content |
|---|
| 1. consolidation of appeals against a prior judgment. (Para 1 , 2 , 3) |
| 2. plaintiff alleges joint family assets and seeks partition. (Para 5 , 6 , 17 , 18) |
| 3. arguments contest joint family asset claims. (Para 8 , 9 , 12 , 14) |
| 4. defendants argue for lack of jointness and independent claims. (Para 11 , 15 , 24) |
| 5. court stresses need for asset protection during proceedings. (Para 22 , 23 , 36 , 41) |
| 6. judgment affirms interim protections and restrictions. (Para 28 , 38 , 39 , 40 , 42) |
JUDGMENT :
DEBANGSU BASAK, J.
1. Three appeals are taken up for analogous hearing as they emanate out of the same impugned judgment and order dated April 8, 2025 passed in three interlocutory applications filed in CS No. 128 of 2016.
2. By the impugned judgment and order, learned Single Judge granted relief to the plaintiff to the suit to a certain extent. Plaintiff is aggrieved by the portion of the relief which was not granted by the learned Single Judge and therefore, filed an appeal being APO/51/2025.
3. The next appeal is at the behest of defendant no. 5 in the suit. The appeal of the defendant no. 5 is registered as APDT/26/2025 while the appeal of the defendant nos. 2 and 7 is registered
The court reaffirmed that the burden of proving self-acquisition of assets lies with the defendants, emphasizing the prima facie case established by the plaintiff for joint family ownership of proper....
The main legal point established in the judgment is the need to prove the nucleus with which property could be acquired under Hindu Law, the application of the principle of lis pendens, and the discr....
The court upheld the trial court's order for a temporary injunction, emphasizing that issues of joint family property versus self-acquisition necessitate thorough examination during trial.
Properties cannot be presumed joint family properties unless proven to derive from sufficient income or surplus of ancestral properties.
The plaintiff must prove the existence of a joint family nucleus to establish claims over joint family properties; mere relation does not imply entitlement.
The main legal point established in the judgment is that properties acquired from individual earnings of family members cannot be treated as joint family properties unless deliberate abandonment and ....
The main legal point established in the judgment is that the burden of proving joint family properties lies with the party making the claim, and failure to challenge the evidence or provide evidence ....
The burden of proof to establish property as self-acquired rests on the party asserting so, once a joint family nucleus is established, underscoring the necessity of evidence to support claims.
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