Allegations In Matrimonial Disputes Must Be Specific And Supported By Foundation Facts To Avoid Abuse Of Process: Supreme Court Supreme Court Modifies Sentence To Period Already Undergone Citing Medical Condition And Expression Of Remorse Qualification Of '10+2 System' Cannot Be Equated With Other Certifications Absent An Equivalence Clause: Supreme Court Essential Qualifications In Recruitment Cannot Be Diluted Or Subject To Judicial Equivalence: Supreme Court Court Has Discretion To Decide Genuineness Of Signature By Comparison; Not Essential To Invoke Expert Opinion In All Cases: Supreme Court Civil Disputes Cannot Be Converted Into Criminal Offences To Recover Money: Supreme Court Quashes FIR Under Section 420 IPC Taxing Authorities Must Classify Goods Based On Form At Time Of Sale, Not End Use: Supreme Court Suit For Declaration Of Status Must Seek Consequential Relief To Avoid Bar Of Proviso: Allahabad High Court Illegal Detention | Police Failure To Maintain CCTV Footage Invokes Adverse Presumption Under Sec 119 BSA Against State: Allahabad High Court Section 138 NI Act | Accused Rebuts Presumption By Proving Intimation Of Misplaced Cheque To Bank And Lack Of Documentation For Alleged Settlement: Andhra Pradesh High Court Garnishee Proceedings Under CPC | Disputed Debt Cannot Be Summarily Adjudicated Without Leading Evidence: Bombay High Court Criminal Procedure (Identification) Act 2022 | Magistrate’s Power Under Section 5 To Direct DNA Profiling Is Not Conditional Upon Consent: Calcutta High Court Conviction Based On 'Assumption And Presumption' Cannot Be Sustained: Bombay High Court Acquits Husband Limitation Act | Suit For Specific Performance Must Be Filed Within Reasonable Time Even If No Date For Performance Is Fixed: Delhi High Court Enrolment As Advocate | Bar Council Must Consider 'Equivalent Qualifications' Under Rule 4(a) Rules Of Legal Education: Karnataka High Court Section 482 BNSS | Pre-Arrest Bail Is Not A Matter Of Course; Must Show Special Case For Invoking Extraordinary Jurisdiction: Kerala High Court Hindu Succession Act | A Co-parcener Cannot Alienate Entire Property; Non-Impleaded Legal Heir Not Bound By Previous Decree: Madras High Court Purchaser During Pendency Of Suit Bound By Compromise Decree, Cannot Treat It As Void In Collateral Proceedings: Punjab & Haryana High Court Order 23 Rule 1-A CPC | In Partition Suits, Defendants Asserting A Share Can Seek Transposition If Original Plaintiffs Withdraw: Patna High Court Section 69 BNS | Suppression Of Subsisting Marriage Or Live-In Relationship During Marriage Proposal Constitutes 'Deceitful Means': Kerala High Court Anticipatory Bail | Mere Apprehension Of Investigating Agency Is Insufficient To Deny Bail Without Demonstrating Necessity Of Custodial Interrogation: Telangana High Court Income Tax Evasion | Criminal Prosecution Under Section 276C IT Act Cannot Sustain Once Foundation Assessment Order Is Set Aside: Punjab & Haryana High Court Election Petition Must Be Presented By Petitioner In Person, Non-Compliance Renders It Liable To Summary Dismissal: Supreme Court Absence Of Recovery Or Evidence Of Stolen Property Precludes Conviction Under Section 394 IPC: Supreme Court

No Evidence to Suggest Another Property Excluded from Partition: High Court Dismisses Appeal for Lack of Merit

07 May 2024 8:19 AM

By: Admin


In a significant judgment delivered by the Punjab and Haryana High Court, Justice Alka Sarin dismissed a regular second appeal in the case concerning the partition of property. The appeal challenged the decisions of both the Trial Court and the First Appellate Court, which had passed a preliminary decree for the partition of property.

The case, identified as RSA-3009-2019, involved a dispute over a property measuring 3 kanals 16 marlas. The appellants contested the preliminary decree on the grounds of an alleged mutual settlement that purportedly excluded them from the ownership of the disputed property and argued that the suit was flawed due to a partial partition. These claims were, however, not substantiated with credible evidence throughout the course of the legal proceedings.

The plaintiffs, in this case, sought a partition asserting their respective shares in the property, which had not been previously partitioned. The defendants (appellants in the high court) countered by claiming an exclusive possession based on a mutual settlement dating back to 1952. Despite these assertions, no convincing evidence was presented to prove the alleged settlement or to challenge the co-ownership and entitlements of the plaintiffs as outlined in the lower courts’ rulings.

Co-ownership and Entitlement: The court reiterated findings from the lower courts that the plaintiffs were co-owners and entitled to their shares in the property.

Rejection of Mutual Settlement Claim: Justice Sarin pointed out that the document marked D1, relied upon by the appellants to prove the mutual settlement, was not proven in accordance with legal standards. The appellants failed to present any evidence supporting their claim that an alternative property was allocated to the predecessors of the plaintiffs.

Partial Partition Argument: The argument concerning the partial partition was dismissed as it had not been raised in earlier proceedings nor adequately pressed during the appeals. Justice Sarin noted that such claims should have been substantiated and presented earlier in the process.

Decision and Conclusion: Concluding her judgment, Justice Sarin affirmed that the appeal raised no substantial question of law and hence lacked merit. The appeal was dismissed, upholding the preliminary decrees of the lower courts. All pending applications related to the case were also disposed of.

Date of Decision: April 29, 2024

Hawa Singh & Ors. vs. Ravinder & Ors.

Latest Legal News