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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Malkit Kaur – Appellant
Versus
Ajit Singh (Deceased) Through Lrs – Respondent
JUDGMENT :
Alka Sarin, J.
The present appeal has been preferred by defendant No.1- appellant challenging the concurrent findings returned by the Trial Court vide judgment and decree dated 29.09.2017 and the First Appellate Court vide judgment and decree dated 20.12.2023.
2. Brief facts relevant to the present lis are that the plaintiff- respondent Nos.1 and 2 herein filed a suit for separate possession of 1/3rd share by way of partition by metes and bounds of land measuring 2 kanals comprised in Khasra No.48/1 marked as ABCD in the site plan as per the jamabandi for the year 2010-2011 situated in the revenue estate of village Dhariwal, Hadbast No.350, Tehsil and District Gurdaspur. It was averred in the plaint that the land measuring 2 kanals was originally owned by Sadhu Singh son of Harnam Singh and Dalip Singh son of Harnam Singh to the extent of 1/6th share each; Partap Singh son of Jhanda Singh and Daljit Singh son of Jhanda Singh to the extent of 1/3rd share each. Sadhu Singh died and after his death his estate devolved upon his sons Joginder Singh, Gurwinder Singh and Lakhwinder Singh to the extent of 1/18th share each. Similarly, Partap Singh son of Jhanda Singh also died and
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.
A party seeking partition must challenge the validity of prior transactions affecting the property and cannot seek partition of property that has been sold and is in the possession of third parties w....
A claim of partition in Hindu joint family property must be substantiated with credible evidence; conjecture does not suffice.
The burden of proof on the defendant to establish previous partition and the use of documentary evidence and oral testimonies to determine the existence of partition and exclusive possession.
The court ruled that historical evidence and conduct proved prior partition among family members, emphasizing that joint records do not negate previous separations of ownership.
The court upheld the validity of an oral partition, affirming the plaintiff's rightful ownership of jointly purchased property and invalidating a sale-deed executed without her knowledge.
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