M. G. PRIYADARSINI
G. Peter – Appellant
Versus
G. Allen – Respondent
JUDGMENT:
Aggrieved by the Judgment and Decree dated 20.10.2008 in A.S.No.8 of 2007 on the file of learned Senior Civil Judge at Vikarabad District, these Second Appeals are filed by plaintiff, defendant No.3, defendant Nos.8, 10 and 11 and defendant No.9 respectively.
2. For the sake of convenience, the parties hereinafter are referred to as they are arrayed before the trial Court.
3. The appellant in S.A.No.94 of 2003 i.e., the sole plaintiff has filed O.S.No.54 of 1995 before the learned Junior Civil Judge, Chevella for partition and separate possession in respect of suit schedule ‘A’ and ‘B’ schedule properties against defendant Nos.1 to 11. The suit was preliminarily decreed on 05.01.2007. Aggrieved by the same, defendant Nos.4 to 7 have preferred A.S.No.8 of 2007 on the file of learned Senior Civil Judge, Vikarabad, wherein the appeal was partly allowed by setting aside the Judgment and Decree passed in O.S.No.54 of 1995 to the extent of ‘A’ schedule property. Aggrieved by the judgment passed by the learned Senior Civil Judge, Vikarabad, the sole plaintiff, defendant No.3, defendant Nos.8, 10, 11 and defendant No.9 have preferred the present Second Appeals to set aside the impug
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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.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
(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....
The court affirmed that the recitals in registered sale deeds are pivotal evidence, prohibiting oral contradictions under Section 92 of the Indian Evidence Act, thereby establishing the ancestral nat....
The presumption of joint family property does not apply if the property is proven to be self-acquired; the burden of proof lies on the claimant of joint family property.
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