Hindu Succession Act, 1956 — Section 14 — Stridhana Property — Joint family property — Presumption — No presumption as to existence of joint family property — Suit for partition and possession — Plaintiff alleges that entire suit property is joint family property and the same was not the personal property of their mother `P’ — Trial Court found the properties as self-acquired properties of `P’, hence partly decreed the suit — Dispute regarding `A’ schedule properties — On appeal, High Court however set aside the judgment of trial court by holding that apart from Stridhana properties, rest were purchased with the income and funds of joint family property — Whether High Court is justified in interfering with trial court findings? — No — High Court wrongly shifted the burden of proving that lands were part of self-acquired properties of `P’ and not a part of joint family properties of defendant when there was no affirmative proof of anything contrary — Findings of trial court are based on proper appreciation of evidence on record and warranted no interference — Reasoning of High Court unsustainable — Judgment impugned set aside — Appeal allowed.
(Para 23)
Marabasappa v. Ningappa[Bench Strength 2], Civil Appeal No. 3495/2001(08/09/2011), 2011(5) SCV(Civil) 274: 2011(9) SCC 451: 2011(11) JT 67: 2011(10) SCALE 214: 2011(9) SLT 277 [G.S. Singhvi, J.: H.L. Dattu, J.]
No comments:
Post a Comment