Smt. Veeramma W/O Channabasayya v. Smt Jairabi W/O Rahimsabrewankar
Case brief
What is this about?
Partition suit O.S.No.58/2012 (Bagalkote) — plea of prior oral partition (1985) and relinquishment/memorandum of surrender (2000) rejected; heavy burden of proof and cogent-evidence standard for oral partition pleaded against a daughter (Vineeta Sharma v. Rakesh Sharma, (2019) 9 SCC 1); khata mutation, compensation and alternative site insufficient to prove prior partition; S.8 Hindu Succession Act — separate property of father devolves on Class-I heirs; S.14(1)/14(2) Hindu Succession Act — limited estate in lieu of maintenance; S.120 Evidence Act 1872 — spouse/power-of-attorney holder testimony, no adverse inference; bona fide purchaser objection not germane at preliminary-decree stage — shares declared, possession and equities to final decree proceedings; counter claim of defendants 8 and 9 set aside; RFA Nos.100282, 100132 and 100251 of 2022; NC: 2025:KHC-D:11737-DB.
What did the court decide?
RFA No.100282/2022 and RFA No.100251/2022 allowed; RFA No.100132/2022 dismissed; the judgment and decree dated 14.12.2021 in O.S.No.58/2012 insofar as it decreed the suit in respect of Item Nos.1 and 2 confirmed; insofar as it dismissed the suit in respect of Item Nos.3 and 4, set aside and the suit decreed as prayed for by the plaintiff; the decree/allowance of the counter claim of defendants No.8 and 9 in respect of Item Nos.3 and 4 set aside and the counter claim disposed of by relegating all parties including purchaser-defendants No.4 to 9 to work out their remedies in the final decree proceedings; liberty reserved to seek inclusion of additional properties standing in the name of defendant No.1, to be adjudicated in the final decree proceedings; pending I.As disposed of.