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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
Uraran Das Banjare S/o Firtu Banjare – Appellant
Versus
Sukhbai W/o Kanwal Das – Respondent
JUDGMENT :
PARTH PRATEEM SAHU, J.
1. Heard on admission.
2. Appellant/defendant No.1 has preferred this second appeal under Section 100 of the Code of Civil Procedure, 1908 (for brevity “CPC”) against the judgment and decree dated 9.8.2017 passed by the learned District Judge, Bemetara in Civil Appeal No. 9A/2017 thereby dismissing the appeal filed against the judgment and decree dated 1.4.2017 passed in Civil Suit No.22-A/2014 by which learned Civil Judge Class-I Bemetara (CG) has decreed the suit of respondent No.1/ plaintiff for declaration of title and separate possession after partition.
3. Facts of the case, in brief, are that plaintiff filed a civil suit seeking declaration of title; share to the extent of one-fourth in suit properties described in Schedule ‘A’, ‘B’ & ‘C’ to plaint and possession. It was pleaded that plaintiff and defendants are children born out of wedlock of Firtu and Brijbai. Land of Schedule-A admeasuring 7.63 hectare of 15 different khasra numbers, situated at PH No.38 Village Ghursena, Tahsil Nawagarh, District Bemetaera, was recorded in name of Firtu. This is ancestral land of the parties. From the income of land of Schedule-A, Firtu had purchased land of
The presumption of joint family property necessitates proof of individual ownership; without such proof, a child has a right to claim share in ancestral property.
A co-sharer’s right to ancestral property is inherent and cannot be extinguished by absence from the parental home.
The main legal point established in the judgment is the importance of evidence in establishing the nature of the suit property and the entitlement to seek relief by way of partition, as well as the i....
The main legal point established is the application of Sec. 41 of the Transfer of Property Act, the exclusion of contrary evidence, and the principles of Hindu Law regarding co-parcenary property and....
The court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
The main legal point established in the judgment is the determination of ancestral properties available for partition and the validity of gift settlement deeds.
The heavy burden of proof upon the proponent of oral partition before it is accepted, as per the settled principle of law by the Apex Court.
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