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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Amar Nath – Appellant
Versus
Chet Ram (Since Deceased) Through Lrs. – Respondent
JUDGMENT :
Alka Sarin, J. -
CM-3804-C-2020
1. For the reasons mentioned therein, the application for condonation of 237 days delay in refiling the appeal is allowed.
RSA-1265-2020
2. The present appeal has been preferred by the plaintiff-appellants against the judgment and decree dated 15.03.2016 passed by the Trial Court and the judgment and decree dated 17.09.2018 passed by the First Appellate Court dismissing the suit filed by the plaintiff-appellants.
3. The brief facts relevant to the present lis are that the plaintiff-appellants filed a suit for partition of the suit land averring that the parties are co-sharers and that the suit land had not been partitioned so far. The plaintiff-appellants have 1/3rd share but they are unable to use their share without getting the same partitioned. The defendant-respondents had assured to give the possession of the suit land to the extent of the share of the plaintiff-appellants but had now refused. Hence, the suit. The defendant-respondent No.1(a) filed his written statement taking the stand that the suit was not maintainable as samadhis of their ancestors are existing on the suit land and therefore the suit land was not partible. There was a te
Parties in a partition suit must approach the court with clean hands and disclose all material facts, or their claims may be dismissed based on evidence of prior private partition.
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 First Appellate Court erred by failing to frame appropriate consideration points under C.P.C., affecting the legality of its judgment in the partition suit.
The amended Hindu Succession Act entitles daughters to seek partition regardless of prior registered partitions, affirming their rights to joint family properties.
Proper pleadings and evidence are necessary for claiming partition, and the absence of such evidence can lead to the dismissal of the suit.
A co-sharer’s right to ancestral property is inherent and cannot be extinguished by absence from the parental home.
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