Partition Suit – Predecessors of Appellants and Respondents - the elder (“RKK”) and younger (“ACK”) brother respectively – two properties purchased by RKK – (i) Kamla Nagar property in the name of his father (ii) Malcha Marg property in the name of ACK’s wife and constructed house out of Joint Hindu Family Business, Regal Cinema - After RKK’s death ACK raised claim in Kamla Nagar property – Oral Settlement between Appellants and ACK and value of latter’s share fixed at Rs. 55,000/- (Fifty-five thousand only) – The same was paid – Suit filed by Respondents to partition properties in Kamla Nagar and Shimla- Appellants raised partial partition in respect of Malcha Marg property – Trial Court partly decreed the suit by only allowing the respondents’ claim in Malcha Marg property – Both parties approached High Court with separate Appeals – Both Appeals decided in favour of respondents – Thus, the two instant Appeals.
Held: With respect to the Malcha Marg property, the concurrent findings of the Trial Court and High Court that it belonged exclusively to the Respondents was upheld, for lack of evidence to prove that the same was purchased out of joint family funds – Whereas, in regard to the Kamla Nagar property, both Trial Court and High Court, from the evidence on record, found that there was a payment of Rs. 55,000/- (Rupees fifty-five thousand only) by appellants to the predecessor of respondents – It can also be seen from the evidence that the appellants exclusively enjoyed the property from the date of its purchase, It is also true that the property was let out and rent was collected entirely by appellants – Wealth Tax Returns of ACK from 1964-1967 shows valuation of Kamla Nagar property to be Rs. 38,000/- (Thirty-eight thousand only) – In year 1979, the value ought to have increased to Rs.1,10,000/- (One lakh ten thousand only) – As contended by the appellants, there was nothing on record to indicate that the payment of a hefty sum of Rs. 55,000/- in the year 1979, was for the upkeep of the HUF or on some other account or to fulfil some other purpose but towards value of the half right held by ACK in the property. [Paras 18, 19-21]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.