Calcutta High Court Upholds Right to Partition Based on Documentary Evidence of Paternity

In a groundbreaking ruling, the judiciary has reaffirmed the significance of documentary evidence in determining familial relationships in partition suits. The judgment, delivered by Justice Siddhartha Roy Chowdhury on October 19, 2023, sets a precedent for similar cases by emphasizing the importance of credible documentation over oral testimony.

The case revolved around a partition suit concerning the ownership of a property. The plaintiff claimed to be the biological son of the original owner and sought a share in the property, which the defendants vehemently opposed, denying any such relationship. The trial court initially dismissed the suit, but the first appellate court reversed this decision, acknowledging the plaintiff's claim.

Justice Chowdhury's observation in the judgment highlights the pivotal role of Section 50 of the Indian Evidence Act, which pertains to opinions on relationships. The court noted, "Opinion on the relationship between individuals is admissible under Section 50 of the Indian Evidence Act, and in this case, it is crucial to consider the documentary evidence presented."

The crux of the judgment lies in the burden of proof. The plaintiff supported their claim with a wealth of documentary evidence, including school records and birth certificates, all pointing to a father-son relationship with the original owner. On the other hand, the defendants relied solely on oral testimony, which the court found insufficient to counter the substantial probative value of the documentary evidence.

In upholding the judgment of the first appellate court, Justice Chowdhury affirmed the plaintiff's right to partition, setting a precedent that emphasizes the primacy of documented evidence in such cases.

This decision draws parallels to several prior cases and legal principles, reinforcing the importance of credible documentation in establishing familial relationships. Advocates representing the parties in this case, including Mr. Prantick Ghosh, drew from legal precedents such as DOL GOBINDA PARICHA VS. NIMAI CHARAN MISHRA, among others, to bolster their arguments.

Date of Decision: 19th October 2023

MINATI BHADRA & ORS.  vs   DILIP KR. BHADRA & ORS.       

• Lawyer E- News Android Mobile App
• Latest Legal News

[gview file="https://lawyerenews.com/wp-content/uploads/2023/10/19_October_2023-Minati_Bhadra_Ors_vs_Dilip_Kr_Bhadra_Ors.pdf"]