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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
Charki Bai, D/o. Late Gosla – Appellant
Versus
Budhram, S/o. Late Nanku – Respondent
JUDGMENT :
PARTH PRATEEM SAHU, J.
1. This second appeal is filed by the appellants/defendants challenging the legality and sustainability of the impugned judgment and decree dated 25.01.2014, passed by the Third Additional District Judge, Ambikapur, Sarguja in Civil Appeal No.82-A/2012, whereby learned Third Additional District Judge has dismissed the appeal filed by appellant/defendants affirming the judgment and decree dated 31.08.2012, passed in Civil Suit No.43-A/2011, whereby learned Civil Judge Class-I, allowed the civil suit filed by the plaintiffs/respondents.
2. Facts relevant for disposal of this appeal are that plaintiffs, who are legal representatives of late Nanku Ram and Budhi filed a civil suit seeking relief of declaration of title of the property mentioned in Schedule-A of the plaint situated at village – Rakeli based on family partition/family settlement between their ancestors in the year 1950, they be declared owner of entire property as mentioned in Schedule-A, to pass an order of permanent injunction in favour of plaintiffs over the property as mentioned in Schedule-A and to restrain defendants from interfering with the possession of the plaintiffs over the prope
Family arrangements promoting peace and preventing disputes are upheld; oral partitions must be substantiated by clear evidence to be enforceable.
Oral family settlements are valid and require no registration if acknowledged by all parties, and prior admissions bind parties in subsequent related suits.
A joint family is presumed to remain joint unless a clear severance of status is proven, even without a physical division of property.
Point of law: Family property – Settlement – Admission - Statement made in the earlier plaint constitutes an admission under Order XII Rule 6 CPC. Thus, the Plaintiffs would be bound by the said admi....
Point of law : Family property - Settlement - Admission - Statement made in the earlier plaint constitutes an admission under Order XII Rule 6 CPC. Thus, the Plaintiffs would be bound by the said adm....
The presumption of truth in the revenue record regarding joint ownership prevails, establishing that separate possession does not equate to partition without legal acknowledgment under relevant land ....
There can be partial partition between coparceners of a Hindu joint family – It is always open to members of joint Hindu family to divide some properties of family and to keep remaining undivided.
In disputes regarding partition of joint Hindu family property, the burden of proof lies on the party asserting partition, and the presumption of jointness remains unless clear evidence to the contra....
In a partition suit, all legal heirs must be parties, and failing to prove a settlement deed invalidates claims to partition. The court upheld the necessity for complete participation of all heirs in....
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