Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Partition — Suit by plaintiffs (brothers of the defendant) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Partition — Suit by plaintiffs (brothers of the defendant) — For partition of suit schedule property at Item Nos. 1,2 and 3 which was joint family property ~ Alleging that the defendant was attempting to grab the suit properties ~ In the Written Statement defendant stated that Plaintiff Nos. | and 2 had sold their shares to the defendant and the plaintiff Nos. 3 and 4 had also relinquished their rights in the Item Nos. 1 and 2 and the same was recorded in Panchayat Resolution (Exb. D22); that Hem No, 3 was his self-acquired property and thus plaintiffs were not entitled to partition ~ During trial, plaintiff Nos.1 and 2 stated in the court that they had no claim over item Nos. 1 and 2 - Trial court decreed the suit holding that plaintiff Nos. 3 and 4 were entitled to 1/3rd share each in item Nos. 1, 2 - They cannot be said to have relinquished their rights by Exbt-22 or the receipts Exbis. Dl4 and D23, as there can be no relinquishment without registered document — High Court affirmed the decree - On appeal, held: Courts below have erred in ignoring the oral and documentary evidence regarding Item Nos. 1 and 2 of suit scheduled property — There was a division in status of the defendant and plaintiffs so far as item Nos. 1 and 2 are concerned and the same was affirmed by the Panchayat by its resolution Exbt. D-22 — The Panchayat resolution ( a written document) though not registered, can be used as a corroborative piece of evidence explaining the family settlement and the conduct of the parties in receiving the money in lieu of relinquishing their interest in item Nos, 1 and 2 - So far as item No. 3 of the suit schedule property is concerned, the defendant failed to prove that the property was his self-acquired property and not the joint family property - Thus, plaintiff Nos. 3 and 4 were entitled to share in Item No. 3 — It is evident from the evidence that plaintiff Nos. I and 2 have relinquished their rights only in respect of item Nos. 1 and 2 and not in respect of item No, 3 |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2016 INSC 494 |
Petitioner | Subraya M.n. |
Respondent | Vittala M.n. & Ors. |
SCR | [2016] 5 S.C.R. 924 |
Judgement Date | 2016-07-05 |
Case Number | 5805 |
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