Lali contested partition suits against her brother Kanhaiya Lal and others seeking division of ancestral properties. Courts rejected suits holding properties were self-acquired. This second appeal was dismissed for lack of perjury or substantial question of law.
The second appeals were dismissed with no interference in the impugned judgments and decrees.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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[CSA-211/2013]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Second Appeal No. 211/2013
Lali D/o Shri Dunga Dakar, aged 55 years, R/o Naya Gaon, presently Govind, Tehsil Bijoliya, District Bhilwara, Rajasthan.
----Appellant
Connected With
S.B. Civil Second Appeal No. 213/2013
Lali D/o Shri Dunga Dakar, aged 55 years, R/o Naya Gaon, presently Govind, Tehsil Bijoliya, District Bhilwara, Rajasthan.
----Appellant
----Respondent
For Appellant(s) : Mr. V.N. Kalla. Mr. R.R. Ankiya. For Respondent(s) : Mr. Vinay Jain. Mr. Darshan Jain.
HON'BLE MR. JUSTICE ARUN BHANSALI J U D G M E N T
11/02/2021
These appeals are directed against the judgments and decree dated 8.2.2013 passed by Civil Judge (Sr. Division), Mandalgarh, Bhilwara and 11.10.2013 passed by Additional
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[CSA-211/2013]
District Judge No.3, Bhilwara, whereby, the suits for partition filed by the plaintiff – appellant have been rejected and the appeals filed therefrom have also been rejected.
The suits were filed by the plaintiff - Smt. Lali against Kanhaiya Lal – brother and Smt. Jhamku – sister-in-law (in Civil Original Suit No.8/2010) and against Kanhaiya Lal – brother, Rajmal and Jeetmal – the two purchasers (in Civil Original Suit No.9/2010) seeking partition of the properties.
It was inter alia claimed that the suit properties were owned by Late Sh. Dunga – father of plaintiff - Lali and defendant – Kanhaiya Lal and that the defendant got issued the pattas from the Gram Panchayat in his name and that of his wife and, therefore, the partition by metes and bounds was sought qua half of the properties.
The suits were contested by Kanhaiya Lal inter alia claiming that the suit properties were purchased by him by getting issued pattas from the Gram Panchayat by making payment and as such the properties were his / his wife’s self-acquired properties and the plaintiff had no share in the suits properties.
Based on the averments of the parties, the trial court framed several issues and after evidence was led by the parties, came to the conclusion that the suit properties were self-acquired properties of Kanhaiya Lal / his wife and as such the plaintiff had no share in the said properties and consequently, rejected the suits.
Feeling aggrieved, the appellant filed first appeals.
The First Appellate Court, after hearing the parties, reiterated the findings recorded by the trial court and dismissed the first appeals.
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Feeling aggrieved, the present second appeals have been filed.
Learned counsel for the appellant attempted to make submissions that the findings recorded by the two courts below in both the suits were perverse. Reference was made to the statement of Kanhaiya Lal to indicate that he had admitted presence of joint properties owned by Late Sh. Dunga – their father and as such, it is apparent that the properties, which have been purchased by him in his name, in fact belongs to the joint family and, therefore, the plaintiff had share in those properties and, therefore, the said aspect gave rise to substantial questions of law.
Learned counsel for the respondents – defendants contested the submissions made by learned counsel for the appellant. It was submitted that merely because some joint property exists, cannot be a reason for claiming that the all the properties, which are purchased by the defendants even from their own sources, would be joint and the plaintiff – sister would have share in those properties as well and, therefore, the two courts below were justified in rejecting the claim of the appellant and the present second appeals also deserve to be dismissed.
I have considered the submissions made by learned counsel for the parties and have perused the material available on record.
The two courts below after scrutinizing the evidence, which came on record, recorded categorical finding that on the one hand the plaintiff failed to prove that the suits properties i.e. properties qua which pattas were issued by the Gram Panchayat in the name of Kanhaiya Lal and his wife, part whereof was transferred by the Kanhaiya Lal to other defendants, were joint family properties or
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bought from joint family fund, on the other hand as the pattas were issued by the Gram Panchayat in the name of defendants long back, it was found that the same were owned individually by the patta holders and consequently, the claim made by the plaintiff was denied.
Learned counsel for the appellant despite taking the Court through the evidence recorded by the two courts below, failed to point out any perversity in the findings of fact recorded by the two courts below pertaining to the ownership of the properties in question and as such the findings recorded by the two courts below do not give rise to any substantial question of law in these appeals.
In view of the above discussion, no case for interference is made out in the present second appeals. The same are, therefore, dismissed.
(ARUN BHANSALI),J
52-53-Sumit/-
3 issues framed by the court
Whether the findings of the courts below that the suit properties were self-acquired and not joint family properties were perverse.
Whether the appeal challenging the rejection of partition suits raises any substantial question of law.
Whether the plaintiffs sister had a share in properties purchased by her brother and obtained in their names.
Lali D/o Shri Dunga Dakar
Kanhaiya Lal S/o Shri Dunga Dakar
Jhamku W/o Kanhaiya Lal
Rajmal S/o Ghisilal Dhakar
Jeetmal S/o Babulal Dhakar
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
