Renukavva W/O. Ajjappa Jalagar v. Ajjayya @ Ajjappa S/O.Nagappa Jalagar
Partition – Self-acquired property
Case brief
What is this about?
RFA No.100023 of 2020 (PAR/POS), High Court of Karnataka, Dharwad Bench, decided 23.01.2025; coram Ashok S. Kinagi J. (author) and Umesh M Adiga J. Appeal by wife and daughter (plaintiffs) against dismissal of partition suit O.S. No.15/2018 (II Additional Senior Civil Judge, Ranebennur, judgment and preliminary decree dated 03.12.2019); defendants filed no written statement and did not cross-examine PW.1 (Exs.P-1 to P-8). Held: burden on plaintiff in a partition suit to prove relationship and nature of properties; plaintiffs themselves described 'B' schedule properties as self-acquired of defendant Nos.1 and 2; no partition of self-acquired property during owners' lifetime; suit not maintainable; appellate Point No.(i) answered in negative; appeal dismissed and decree confirmed; no order as to cost; filed under Sec. 96 read with Order 41 Rule 1 CPC. No precedents cited.
What did the court decide?
In a suit for partition and separate possession, the initial burden is always on the plaintiff to prove the relationship between the parties and the nature of the suit schedule properties.