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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Lal Chand (Deceased) through his LRs – Appellant
Versus
Data Ram – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. Challenge in the present regular second appeal is to the judgment of the Ist Appellate Court dated 21.08.1991 vide which the appeal filed by defendants no.2, 3, 4, 5, 9 and 10 has been allowed and the suit filed by the plaintiff Lal Chand was dismissed. The present appeal has been filed by the plaintiff Lal Chand under Section 41 of the Punjab Courts Act, 1918 and is being pursued by his LRs.
ARGUMENTS ON BEHALF OF THE APPELLANT/PLAINTIFF
2. Learned senior counsel for the appellant/plaintiff has submitted that in the present case the plaintiff had filed a suit for declaration to the effect that the plaintiff is owner in possession of the suit land measuring 35 kanals 15 marlas situated in village Dulheri, Tehsil and District Bhiwani and that the mutation of inheritance no.921 dated 15.06.1980 in favour of defendants no.1 to 5 was illegal and against law. It is submitted that it was the case of the plaintiff that he was the son of Chunia and Mohra and was also the brother of Girdhari. It is further submitted that the said Girdhari had died issueless and intestate and thus, the plaintiff being the only surviving son of Chunia was entitled to the suit land whi
The court affirmed that Kareva marriage customs are valid and the testimonies provided sufficiently proved the marriage, impacting the inheritance rights of the parties involved.
The court affirmed that notarized documents from abroad are presumed truthful, allowing foreign nationals to inherit under the Hindu Succession Act if supported by valid evidence.
Documentary evidence prevails over oral testimony when establishing legal relationships in property disputes.
The acknowledgment of paternity must establish the acknowledgment of legitimacy under Mahomedan Law to prove entitlement to inheritance.
The validity of an adoption must establish consent of both natural parents, failing which the adoption may be considered invalid under Hindu law.
In a partition suit, the burden of proof lies on the claimant to substantiate familial ties and entitlement to property; failures in evidentiary requirements lead to dismissal of claims.
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