G. RADHA RANI
Kamlikar Jangoji – Appellant
Versus
Kamlikar Sajjanlal – Respondent
JUDGMENT (COMMON)
These two appeals are decided together as the parties are one and the same and they are interconnected.
2. A.S.No.139 of 2022 is filed by the appellants who were the defendants 1 to 7 aggrieved by the judgment and decree dated 29.04.2022 passed in O.S.No.44 of 2018 by the learned I Additional District Judge at Mahabubnagar.
3. O.S.No.44 of 2018 is a suit for partition filed by the respondents - plaintiffs.
4. A.S.No.156 of 2022 is filed by the appellants who were the plaintiffs aggrieved by the judgment and decree dated 29.04.2022 passed in O.S.No.108 of 2016 by the learned I Additional District Judge at Mahabubnagar.
5. O.S.No.108 of 2016 is a suit for declaration, rectification of entries in the revenue record and injunction.
6. The facts of the case in brief are that the appellants and respondents were legal heirs of late Chandoji. Late Chandoji had three sons by name Ramchanderji, Balram and Mohanlal and two daughters by name Jangamma and Laxmi Bai. The appellants in both the cases are the wife and children of Ramchanderji. Originally, the son of Balram by name Sajjanlal, son of Mohanlal by name Raju and daughter of late Chandoji by name Jangamma filed a suit
(1) Partition Suit – A Person who does not have a share in such property cannot be a party to a suit for partition.(2) Nomenclature of document, whether it was a sale deed or family settlement deed o....
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
The burden of proof in partition suits lies with the plaintiff to establish joint family property, while unregistered sale agreements do not confer title and are inadmissible as evidence.
The court established that unregistered documents affecting rights in immovable property are inadmissible in evidence, and that joint family properties are subject to partition among all rightful hei....
The main legal point established in the judgment is the entitlement of the Plaintiffs to a 1/4th share in the joint family ancestral properties and the invalidity of the registered Will Deed.
Revenue records do not confer ownership; adverse possession requires clear and unequivocal evidence of denial of title.
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