Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
RITU TAGORE
Sukhdev Raj – Appellant
Versus
Hans Raj – Respondent
ORDER :
Ritu Tagore, J. (Oral)
1. This is an appeal against the concurrent findings recorded by the learned Courts below, dismissing the suit of petitioner for possession by way of partition of a house, detailed in the plaint.
2. For convenience, the parties are referred to as per their original status before the learned trial Court.
3. The plaintiff, Sukhdev Raj, brought the suit for possession by way of partition of a house measuring 175 Sq . Yards, bearing No.3233/14 situated in Gali No 7, Wadda Haripura, Amritsar with the boundaries as detailed in the head note of the plaint.
4. In brief, plaintiff pleaded that parties to the suit are owners and in possession of their respective shares in the house in dispute. Plaintiff is in possession of a room measuring 8'6'X13'x4', situated at backside of the room of Dev Raj (defendant No.4). The disputed house is jointly owned by the parties to the suit. The plaintiff alleges that defendants are querulous individuals, who frequently engage in disputes with him without cause. In an effort to maintain peace, he wants to separate his possession. He requested the defendants to partition the house by metes and bounds but they have refused, necessit
The burden of proof lies on the party asserting the existence of facts, which must be substantiated by adequate evidence.
A plaintiff can only establish entitlement to partition if they demonstrate joint ownership and the failure to do so, particularly through admissions and evidence of prior partition, warrants dismiss....
A claim of partition in Hindu joint family property must be substantiated with credible evidence; conjecture does not suffice.
Partition claims require substantial evidence of family status and prior division; mere admissions during cross-examination do not prove separation.
The validity of a Will can be upheld over subsequent claims if substantiated by sufficient evidence, while ownership rights can be determined through established partition deeds.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
