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SANDEEP N. BHATT
Harshadbhai Ratilal Bhatt – Appellant
Versus
Bhatt Navinchandra Bhailal – Respondent
JUDGMENT :
1. This Second Appeal is filed under Section 100 of the Code of Civil Procedure, `908 (“CPC” for short). Being aggrieved and dissatisfied with the Judgment and order dated 22-07-2022 passed below Exh.22 in Regular Civil Appeal No.104 of 2015, whereby the Appeal was dismissed, confirming the Judgment and decree dated 21-08-2015 passed in Regular Civil Suit No.145 of 2012, whereby the suit of the plaintiff was dismissed, raising the following substantial questions of law.
2. Whether the Courts below committed an error by failing to frame issue and decide in favour of the original plaintiff that the onus of proving the existence of Agreement lies upon the defendant?”
2. The parties are referred to at their original status for the sake of convenience in this second appeal.
3. The brief facts leading to filing of this second appeal as stated in the impugned judgment, are as under:
3.1 It is the case of the plaintiff that the property bearing Block Nos. 36, 38(A) and 38 (B) which includes Khata No.184 admeasuring about 0-30-35, 0-40-44 an
The burden of proof lies on the party asserting a claim, and failure to substantiate such claims results in dismissal of the suit.
The burden of proof in establishing joint family property and partition lies with the party alleging its existence. The court also emphasized the entitlement of daughters to share in joint Hindu fami....
The court determined that an oral partition can establish ownership of joint family property without formal documentation, being legitimate under Hindu law. Plaintiffs are entitled to seek recovery b....
Existence of an unregistered family arrangement deed does not confer partition rights absent proper registration and stamp duty where required by law.
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.
The court affirmed the joint family status and the trial court's ruling on partition, rejecting claims of prior oral partition due to insufficient evidence.
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