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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Balwant Sigh – Appellant
Versus
Harnam Singh – Respondent
The present appeal arises out of the judgment and decree, as passed by learned District Judge, Hamirpur, H.P. dated 11.12.2024, whereby the appeal filed by the present appellant was dismissed and the judgment and decree, as passed by learned Civil Judge, Court No.3, Hamirpur, H.P., dated 23.09.2023, was affirmed whereby the suit filed by the respondent/plaintiff for partition was decreed.
2. The brief facts of the case are that the respondent/plaintiff filed a suit for partition before learned Civil Judge, Court No.3, Hamirpur, H.P, on the ground that the parties are co-owners in joint possession of the suit property comprised in Khata No.26, Khatauni No.44, Khasra No.512, area measuring 00-04-78 hectares and Khatauni No.45, Khasra No.514 area measuring 00-00-40 hectares (total area 00-05-18 hectares) as per jamabandi for the year 2011-2012, situated at Mohal Matahni, P.O. Daruni Tappa Bajuri, Tehsil and District Hamirpur, H.P. It was averred in the plaint that the suit property is joint and has not yet been partitioned through due process of law. The share of the plaintiff and defendant is equal i.e. 00-05-18/2 hectares. There are houses of the parties in
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 ....
A joint family is presumed to remain joint unless a clear severance of status is proven, even without a physical division of property.
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....
Family arrangements promoting peace and preventing disputes are upheld; oral partitions must be substantiated by clear evidence to be enforceable.
In second appeals under CPC Section 100, no interference with concurrent findings of fact unless substantial question of law or perversity; co-sharers may develop joint property if partition not impo....
Revenue records do not confer ownership; adverse possession requires clear and unequivocal evidence of denial of title.
Title and adverse possession claims mutually inconsistent; adverse possession requires proof of specific hostile, open, continuous possession known to owner. No interference with concurrent factual f....
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