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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Ranjan – Appellant
Versus
Sunil Kumar Prasad, Son of Late Kauleshwar Ram – Respondent
| Table of Content |
|---|
| 1. ex parte partition decree under order viii rule 10 cpc. (Para 1 , 2 , 12) |
| 2. filiation proved by voter list, ration card, school certificate. (Para 3 , 4 , 5 , 14) |
| 3. additional evidence rejected lacking diligence and detail. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. unity of title for 2.25 acres; 2/7th share decreed. (Para 13 , 15 , 16 , 17) |
| 5. no substantial question of law; second appeal dismissed. (Para 18 , 19) |
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
This appeal has been filed against the judgement dated 05.07.2023 (decree dated 18.07.2023) passed by learned District Judge I, Palamau at Daltonganj in Partition Appeal No.26 of 2010 affirming the judgement and decree dated 23.04.2010 (decree signed on 12.05.2010) passed by learned Sub-judge II, Palamau at Daltonganj in Partition Suit No.117/2004.
2. The learned counsel for the appellants has submitted that the appellants were the defendants in the suit and, though they filed written statements (except defendant no. 4), they did not lead any evidence before the court. Consequently, the court proceeded under Order VIII Rule 10 of Code of Civil Procedure and the suit was decreed.
3. The learned counsel submits that the specific cas
Partition decree upheld where plaintiffs prove descent via documents despite defendants' non-contesting written denial; additional evidence rejected at second appeal for unexplained prior omission, a....
A vendor must have the right to sell property for a sale deed to be valid; otherwise, it is considered null and void.
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 determination of the status of the parties and their entitlement to shares in the ancestral property based on the evidence presented and the ap....
A joint Hindu family property remains joint unless proven otherwise; the burden of proof lies on the party claiming separate ownership, requiring credible evidence.
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