Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit for partition of Watan/lnam lands |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Hindu Law: Suit for partition of Watan/lnam lands-Dismissed by Trial Court-Reversed by First Appellate Court-High Court recognised.the right of plaintiffto the extent of //3rd share in the suit land-Held: Appellate Court onconsideration of rival pedigrees came to the conclusion that pedigree producedby plaintiff was genuine and it was upheld by High Court-Hence evidenceof pedigree is relevant and thus prove relationship of the plaintiff with theancestor/lnamdar-When the predecessor-in-title of the defendant becameWatandar, the possession of suit land cannot be held to be adverse to theother member of the family after abolition of lnams/Watans and regrant ofsuch lands to erstwhile Watandar for the benefit of fami(v---Hence the landsbecame partible-Since High Court formulated substantial questions. of lawon the main issues of relationship of plaintiff with the main ancestor and hisentitlement to partition of suit land, provisions under Section 100 CPC compliedwith-C.P.C., 1908; Section JOO-Evidence Act, 1872; Section 30(5) andSection 50.A suit for partition of certain Inam lands was filed by the ancestor ofthe respondents and it was dismissed by the Trial Court. The First AppellateCourt decreed the suit in favour of the plaintiff and in appeal the decisionwas confirmed by the High Court recognising the right of plaintiff to the ·extentof l/3rd s.hare in the suit lands. Hence the present appeal.It was contended for the appellants that since the plaintiff in 'thepartition suit had failed to prove his relationship with the main ancestor/first Watandar of loam lands, trial Court rightly rejected his claim in thepartition suit; that since predecessors-in-title of the defendants hadprescribed his adverse possession on the lands as he was recognised asWatandar by the order of the then Regency Court, partition suit wasbarred by limitation; and that since the High Court did not framesubstantial question of law, the case should be remanded for fresh decision.Dismissing the appeal, the Court |
Judge | Hon'ble Mr. Justice D.M. Dharmadhikari |
Neutral Citation | 2003 INSC 106 |
Petitioner | Chandramohan Ramchandra Patil And Ors. |
Respondent | Bapu Koyappa Patil (dead) Through Lrs. And Ors. |
SCR | [2003] 2 S.C.R. 203 |
Judgement Date | 2003-02-19 |
Case Number | 9393 |
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