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DWARKA DHISH BANSAL
KAPOOR CHAND S/o MANGALJEET (dead) through his LRs. ARUN KUMAR – Appellant
Versus
LAXMI CHAND S/o INDERCHAND – Respondent
JUDGMENT : – This first appeal has been filed by appellants/plaintiffs challenging the judgment and decree dated 21-8-1997 passed by Addl. District Judge, Begumganj (Raisen) in Civil Suit No. 10-A/1988 whereby suit for possession of house and damages filed by original plaintiff Kapoorchand (now his representatives) has been dismissed.
2. In short the facts are that Mangaljeet was owner of the suit property, who died after leaving two sons namely Inderchand, Kapoorchand and one daughter Bhuribai, who died issueless. The present appellants are descendants of original plaintiff Kapoorchand and the defendants are descendants of Inderchand. It is alleged that in his lifetime, Mangaljeet partitioned his property in which he gave one portion of house to plaintiff Kapoorchand and another portion was given to Inderchand and kept middle portion for himself, in which till his death daughter Bhuribai remained in possession. This middle portion only is in dispute. It is alleged that by way of registered deed (Tamleeknama) dated 6-1-1947 (Ex.P/1A) Bhuribai was given life interest in the disputed property and she was not having any right to alienate/transfer the suit property to any other person
Joint family property is presumed until proven otherwise; prior partition must be established by metes and bounds to be valid.
The court affirmed that a compromise decree reached finality and cannot be challenged in subsequent proceedings, establishing the plaintiff's ownership and entitlement to possession.
A party may not amend a suit's claims regarding ownership of property in a manner contradicting original pleadings without introducing adequate supporting evidence, undermining the integrity of legal....
In a partition suit, all legal heirs must be parties, and failing to prove a settlement deed invalidates claims to partition. The court upheld the necessity for complete participation of all heirs in....
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