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SANJAY KUMAR DWIVEDI
Dilip Ojha – Appellant
Versus
Indra Narayan Mishra – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Ajay Shankar, learned counsel for the appellants in Second Appeal No. 04 of 2005 and Mr. S.K. Sahay, learned counsel for the appellant in Second Appeal No. 33 of 2005, Mr. Lakhan Chandra Roy, learned counsel for respondent no. 1 and Mr. Arvind Kumar Choudhary, learned counsel for respondent no. 2.
2. Both the second appeals have been filed for setting aside the judgment and decree passed by the learned 3rd Additional & District Judge (F.T.C.) Jamtara dated 30.11.2004/16.12.2004 in Title Appeal No. 7 of 1992/12 of 2004 by which he has been pleased to allow the appeal filed by defendant-1st party and set aside the judgment and decree passed by the learned Sub Judge, Jamtara in Title Suit No. 36/1980 dated 10.02.1992/ 20.02.1992.
3. The plaintiff instituted the suit for partition against defendant no. 1, defendant 2nd party and defendant 3rd party for a preliminary decree for 1/4th share over A, B, C, D, E, F and G schedule properties of the plaint in favour of the plaintiff and against the defendants as well as for a final decree as per preliminary decree be prepared thereby appointing Amin Commissioner and for delivery of possession over
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....
Family arrangements promoting peace and preventing disputes are upheld; oral partitions must be substantiated by clear evidence to be enforceable.
Revenue records do not confer ownership; adverse possession requires clear and unequivocal evidence of denial of title.
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....
Possession by one co-owner is not adverse without clear ouster; revenue records do not confer title.
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 ....
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