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SANJAY KUMAR DWIVEDI
Raj Kumar Tewary – Appellant
Versus
Asha Kumari – Respondent
JUDGMENT :
Sanjay Kumar Dwivedi, J.
Heard Mr. Bhaiya Vishwajeet Kumar assisted by Mr. Ranjeet Kumar, learned counsel for the appellants and Mr. Atanu Banerjee assisted by Mr. Satish Kumar, learned counsel for the respondents.
2. This second appeal has been preferred being dissatisfied with the decree sealed and signed on 18.02.2003 on the basis of the judgment dated 27.01.2003 in Partition Appeal No. 16 of 1997 by the learned Additional District and Sessions Judge, Fast Track Court No. II, Palamau at Daltonganj affirming the decree sealed and signed on 02.04.1997 on the basis of the judgment dated 15.03.1997 in Partition Suit No. 41 of 1989 by the learned Sub-Judge No. 2, Daltonganj.
3. The appellants/plaintiffs instituted suit for partition to the extent of 1/5th share of the plaintiffs, cost of the suit and another reliefs deemed fit and proper. The said suit was decided by the learned Sub-Judge No. 2, Daltonganj vide judgment dated 15.03.1997 and he has been pleased to dismiss the suit. Against that judgment, the appellants/plaintiffs moved before the learned appellate court in
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....
A party seeking partition must challenge the validity of prior transactions affecting the property and cannot seek partition of property that has been sold and is in the possession of third parties w....
The main legal point established in the judgment is the requirement to prove every link in a genealogy when a case is based on it, and the court's reliance on documentary evidence and oral witnesses ....
A claim of partition in Hindu joint family property must be substantiated with credible evidence; conjecture does not suffice.
The right to seek partition is inherent and continuous for co-owners; prior dismissal of a partition suit does not bar subsequent suits, provided the parties are different.
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