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1995 Supreme(Ori) 54

D.M.PATNAIK
SANTANU KUMAR DAS – Appellant
Versus
BAIRAGI CHARAN DAS – Respondent


Advocates Appeared:
P.MISHRA, U.N.MISHRA, Y.S.N.MURTY

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The presumption that property is joint family property does not apply when the property is purchased in the name of a female family member. The burden of proof lies on the party claiming it is joint family property to establish that the property was acquired from the joint fund (!) (!) (!) .

  2. The property in question was purchased during a period when the family was living jointly, and the head of the family was the male member who managed the family affairs. There was insufficient evidence to prove that the joint family had a sufficient nucleus or common fund from which the property was purchased (!) (!) (!) .

  3. The property was purchased in the name of Satchi, the grandmother, during her husband's absence, and it is presumed that the purchase was made from her husband's funds, which belonged to the family estate. The evidence does not support the claim that the property was purchased from the joint family fund (!) (!) .

  4. The validity of the gift deed executed by Satchi in favor of the plaintiffs was established through credible evidence, including the testimony of witnesses who proved her execution of the deed. The absence of pleadings alleging fraud or undue influence supports the validity of the gift (!) .

  5. The plaintiffs were found to be in possession of the disputed land, and the defendants did not establish adverse possession or prove that they had acquired title through such possession. The possession of the plaintiffs was deemed lawful and sufficient (!) .

  6. The appellate court's reversal of the trial court's findings regarding possession and the sufficiency of the family nucleus was not supported by the evidence. The trial court's judgment was affirmed, establishing the plaintiffs' ownership and possession rights (!) .

  7. The court clarified that even if a female member continues to be part of the joint family, property purchased solely in her name cannot automatically be presumed to be joint family property without additional evidence proving the source of funds or the intention of the family (!) (!) .

  8. Ultimately, the appeal was allowed, the judgment of the lower appellate court was set aside, and the trial court's decision was upheld, with parties bearing their own costs (!) .

Please let me know if you require further analysis or specific legal advice regarding this case.


D. M. PATNAIK, J.

( 1 ) PLAINTIFFS' suit for permanent injunction at the first instance being decreed by the Lower Court and thereafter reversed by the lower appellate Court, they are in appeal.

( 2 ) PLAINTIFFS' case is, their paternal grandmother Satchi Dasi, wife of Krushna, the common ancestor, purchased the disputed lands more fully described in the plaint measuring about 1. 17 decimals in village Urunia by two sale-deeds dated 21-3-1935 and 8-3-1937 respectively for a total consideration of Rs. 138/-

( 3 ) PLAINTIFFS are sons of Upendra and defendant No. 1 Bairagi is latter's younger brother. Satchi, mother of Upendra and Bairagi, was impleaded as defendant No. 3 but she died during the pendency of the suit. Dispute arose, according to the plaintiffs, when Satchi by way of a registered deed dated 21-6-1978 gifted away the property in favour of them and it is alleged that, when the plaintiffs tried to carry on agricultural operation, defendant No. 1 with his men created disturbance in the possession. Hence, plaintiffs filed the suit for permanent injunction. Defendant No, 1's case is, this property was the joint family property inasmuch as, this was purchased when the family











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