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MANJARI NEHRU KAUL
Zile Singh – Appellant
Versus
Nafe Singh (since Deceased) Through Lrs – Respondent
JUDGMENT
Manjari Nehru Kaul, J. (Oral) - A suit for partition with consequential relief of permanent injunction instituted by the plaintiff was decreed by the trial Court vide order dated 23.02.2016. The appeal preferred to impugn the judgment and decree of the trial Court was dismissed by the lower appellate Court on 14.02.2020. Defendants No.1 to 3 and 6 to 9 are now before this Court in Regular Second Appeal.
2. Parties to the lis hereinafter shall be referred to by their original positions in the suit.
3. As per the pleaded case of the plaintiff, both the plaintiff and defendants belong to the same Joint Hindu Family and are cosharers in the property comprised in Khewat No.217/199, Khata No.269, Rectangle and Killas No.23//26, 80//26, 135, 136 and 252, total measuing 3 Kanals 1 Marlas, situated in the Abadi of Village Nandnaur, Sonepat (hereinafter referred to as the 'suit property'). The plaintiff claims to be share holder to the extent of 1/6th share in the suit property. Defendant No.6 Rajinder constructed his house over the suit property marked by letters 'ABCD' and defendants No.1 to 3 namely Zile Singh, Dewan Singh and Rajbir had constructed their houses over the suit proper
The cause of action for partition is independent and recurring, and a previous suit for a different relief does not preclude a suit for partition.
The main legal point established is that a plaintiff must prove joint ownership and possession in a property dispute, and even a co-sharer cannot be injuncted from selling his share of the property.
The presumption of a joint family exists unless proven otherwise; the burden rests on the party claiming a prior partition.
The main legal point established in the judgment is that a co-owner who is not in exclusive possession of any part of the property is not entitled to seek an injunction against another co-owner, unle....
Co-sharers in joint property can alienate their shares and raise constructions on their portions, subject to partition adjustments; injunctions against such actions are not maintainable.
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....
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