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ORISSA HIGH COURT: CUTTACK
SASHIKANTA MISHRA
Naseer Khan – Appellant
Versus
Samsun Bibi – Respondent
| Table of Content |
|---|
| 1. appellant challenges partition decree. (Para 1 , 4 , 5 , 6) |
| 2. arguments on razak khan’s legitimacy. (Para 9 , 10) |
| 3. scope for appellate court interference. (Para 11 , 12) |
| 4. evidence supports razak khan’s claim. (Para 13 , 14 , 15) |
| 5. appeal dismissed without merit. (Para 16 , 17) |
ORDER :
SASHIKANTA MISHRA, J.
The defendant No.2 in C.S. No.256 of 2006 of the Court of Civil Judge (Sr. Division), First Court, Cuttack is the appellant in the present Second Appeal who seeks to challenge the judgment and decree passed by learned District Judge, Cuttack on 13.10.2014 and 25.10.2014 respectively in RFA No. 116 of 2013 confirming the judgment and decree passed by the aforementioned trial Court on 02.08.2013 and 08.08.2013 respectively, whereby the suit filed by the plaintiff for partition was decreed preliminarily with shares being allotted to the co-sharers.
2. For convenience, the parties are referred to as per their respective status in the trial Court.
3. The present appeal was admitted on the following substantial questions of law.
“1. Whether the answer against Issue No.3 as given by both the learned courts below that Razak Khan was the son of Kaniz Amina through Noor khan
The legitimacy and entitlement of a child under inheritance laws were upheld, affirming that co-sharers can inherit from a deceased without other claimants, despite claims of illegitimacy contrary to....
Under Mohammedan Law, co-owners are only tenants in common, and the heirs of a deceased Mohammedan being in possession of the whole estate will be deemed to be in possession on behalf of the other co....
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....
(1) Power of Appellate Court to do complete justice – Court could grant relief even to non-appealing plaintiffs and make an adverse order against all defendants and in favour of all plaintiffs.(2) Pa....
Daughters were denied coparcener status under old inheritance laws but still claimed joint family property rights; trial court granted them shares based on family law principles.
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....
Mohammadan Law – Batil Marriage – Unless first marriage is duly dissolved as per Mohammadan law second marriage should be considered as ‘Batil’ marriage.
The presumption of joint family property necessitates proof of individual ownership; without such proof, a child has a right to claim share in ancestral property.
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