SHAMEEM AKTHER, NAGESH BHEEMAPAKA
Mutyala Vinod Kumar – Appellant
Versus
M. Shashikala Naidu – Respondent
JUDGMENT :
Shameem Akther, J.
This Family Court Appeal, under Section 19 of the Family Courts Act, 1984 (for short, ‘the Act’), is filed by the appellant, challenging the order, dated 30.06.2010, passed in FCOP No.456 of 2008 by the Judge, Family Court, Hyderabad, whereby, the subject FCOP filed by the appellant under Section 7 of the Act against the respondent No.1/wife and the respondent No.2/purchaser seeking (a) declaration that the appellant is the owner and possessor and the respondent No.1 is the Benamidar of the property bearing No.619-A, forming part of Survey No.403/1 (old) 120 (new) of Shaikpet Village and 102/1 of Hakimpet Village admeasuring 1478 square yards or 1236 square metres situated within the approved layout of the Jubilee Hills Cooperative House Building Society Limited (for short, ‘the Society’) at Road No.33, Jubilee Hills, Hyderabad (hereafter referred to as ‘petition schedule property); (b) to direct the respondents to vacate and handover the vacant possession of the petition schedule property and on their failure, to evict them and put him in possession thereof; (c) to declare the title of the appellant and cancel the agreement of sale-cum-Irrevocable Gener
Jayadayal Poddar (deceased) through his LRs Vs. Mst. Bibi Hazra and others
Burden has to be strictly discharged by adducing legal evidence of a definite character which would either directly prove fact of Benami or establish circumstances, unerringly and reasonably raising ....
The court reaffirmed that claimants must provide clear evidence of ownership and cannot rely solely on revenue records to establish title.
The burden of proving a benami transaction rests on the party asserting the plea, and the defendants failed to discharge this burden.
The judgment establishes that in claims for partition of joint family properties, the burden of proof rests on the claimant to demonstrate the existence of joint ownership, and the principles of res ....
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
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