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ARINDAM LODH, S. G. CHATTOPADHYAY
Biswajit Paul – Appellant
Versus
Pratima Paul – Respondent
JUDGMENT
Arindam Lodh, J. - This second appeal under Section 96 of the CPC arises out of the judgment and decree dated 01.05.2019 passed by the learned Civil Judge (Senior Division), Court No. 2, West Tripura, Agartala in case no. T.S. (Partition) 22 of 2006.
2. Facts in a short compass are that, the three sisters and the defendant are the daughters and son of the deceased Santosh chandra Pal. The plaintiffs i.e. daughters of late Santosh chandra Pal had requested on repeated occasions to their brother, Biswajit Pal i.e. the sole-defendant of the instant suit to partition the movable and immovable properties left behind their father, late Santosh chandra Pal at Agartala as well as two flats in Kolkata.
3. After exchange of pleadings, issues were framed. On the basis of issues, evidences were led by the parties to the suit. Some documents were introduced relating to the properties in question. After completion of recording evidences and having heard the learned counsel appearing for the parties, the learned trial Judge decreed the suit in favour of the plaintiffs, which is as under:
'Accordingly, plaintiff Nos. 1 to 3 and sole defendant are entitled to 1/4th share each over the land p
The burden of proof in partition suits lies on the defendant to dispute plaintiffs' claims regarding ownership of properties left by their ancestor.
The burden of proof regarding partition, the reliance on revenue records and patta, and the presumption of joint-ness in the absence of proof of partition were central legal principles established in....
In joint property disputes, a thorough examination of ownership rights and title documents is essential for fair adjudication.
The main legal point established in the judgment is that the burden of proof lies with the parties claiming a partition, and without convincing evidence, the court may decree the suit in favor of the....
Co-ownership rights are upheld in joint family property claims, and previous partitions must be established with clear evidence; mere conversion of property does not negate an heir's share.
The main legal point established in the judgment is that the burden of proof lies on the party claiming a prior partition, and in the absence of documentary evidence, unchallenged evidence of the opp....
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