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ARUN KUMAR SHARMA
Usha – Appellant
Versus
Sarubai – Respondent
ORDER
1. The appellants / defendants having lost in both the courts below have filed the instant appeal.
2. The instant Second Appeal under section 100 of the Code of Civil Procedure has been preferred by the appellants / defendants being aggrieved by the judgment and decree dated 25.2.2013 passed by First Additional District Judge, Chhindwara (MP) in Civil Appeal No.30-A/12, whereby learned First Appellate Court has affirmed the judgment and decree dated 7.8.2009 passed by First Civil Judge Class-I, Chhindwara (MP) in Civil Suit No.21-A/08.
3. The facts of the case, succinctly stated are that the respondents No. 1 to 7 / plaintiffs filed a suit for declaration of the land bearing khasra No.570/7 area 0.085 hectare situated in Mouja Chhindwara, district Chhindwara to be undivided joint Hindu Family property and also for partition of 1/7th share in the land in dispute in favour of the respondents No. 1 to 7 / plaintiff separately because no partition has taken place. Claim in the suit was based on the allegation that the suit property was jointly owned by one Pandhari, Eknath and Sarubai and was not partitioned. Thereafter, the suit property devolved upon the respondents No. 1 to 7, ho
Concurrent findings of fact can only be interfered with if they are found to be perverse or based on no evidence. High Court's jurisdiction in Second Appeal is limited to substantial questions of law....
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....
A partition deed made in good faith to resolve family disputes is legally binding, and claims of ownership must adhere to existing rights.
The court reaffirmed that a sale deed executed for family and legal necessity by a joint family member is binding, barring challenge by family members after significant delay without sufficient cause....
(1) In appeals arising out of State of Punjab or State of Haryana, courts are not required to frame substantial questions of law as per Section 100 of CPC.(2) Second Appeal – Ordinarily, in second ap....
A claim of partition in Hindu joint family property must be substantiated with credible evidence; conjecture does not suffice.
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