MACT | Fraud Vitiates All Judicial Acts, Even Without Specific Review Powers: Rajasthan High Court    |     Right of Private Defense Cannot Be Weighed in Golden Scales: Madhya Pradesh High Court Acquits Appellant in Culpable Homicide Case    |     Pre-Arrest Bail Not a Right but an Exception: Himachal High Court Denied Bail In Dowry Death Case"    |     Service Law | Similarly Situated Employees Cannot Be Denied Equal Treatment: PH High Court Orders Regularization    |     Presumption of Innocence Remains Supreme Unless Clearly Overturned: PH High Court Affirming Acquittal    |     Any Physical Liaison with A Girl Of Less Than Eighteen Years Is A Strict Offense.: Patna High Court Reiterates Strict Stance On Sexual Offences Against Minors    |     Orissa High Court Rules Res Judicata Inapplicable When Multiple Appeals Arise from Same Judgment    |     Mandatory Section 80 Notice Cannot Be Bypassed Lightly:  Jammu & Kashmir High Court Returns Plaint for Non-Compliance    |     Bombay High Court Denies Permanent Lecturer Appointment for Failing to Meet UGC Eligibility Criteria at Time of Appointment    |     Deferred Cross-Examination Gave Time for Witness Tampering, Undermining Fair Trial: Allahabad High Court    |     Dowry Death | Presumption Under Section 113-B Not Applicable as No Proof of Cruelty Soon Before Death : Supreme Court    |     Land Acquisition | Jaiprakash Associates Ltd. (JAL) Liable for Compensation under Supplementary Award, Not Ultra-Tech Cement Ltd.: Supreme Court    |     Non-Mentioning of Bail Orders in Detention Reflects Clear Non-Application of Mind: J&K High Court Quashes Preventive Detention Order    |     Conviction Under Arms Act and Criminal Conspiracy Quashed Due to Non-Seizure of Key Evidence and Failure to Prove Ownership of Box: Jharkhand High Court    |    

Petitioner Unable to Show Any Document or Lead Any Evidence: Delhi High Court Dismisses Ancestral Property Claim

07 May 2024 8:19 AM

By: Admin


In a landmark judgment on ancestral property dispute, the Delhi High Court today dismissed a Civil Revision Petition, stating, “The petitioner/defendant has been unable to show any document or lead any evidence.” This decision upholds the trial court’s ruling in the contentious case of Smt. Kamlesh vs. Smt. Sunita Sharma.

The legal crux of the judgment revolved around the possession of property under Section 6 of the Specific Relief Act, 1963. The petitioner challenged the trial court’s decree which favored the respondent for possession of the ancestral property.

The property in question, originally owned by the petitioner’s father-in-law, Mr. Rampal, became the subject of inheritance disputes among legal heirs. The petitioner alleged forgery in the sale documents used by other legal heirs to transfer property portions to the respondent. The trial court had dismissed these claims, leading to the current revision petition.

The High Court meticulously analyzed the evidence and testimony presented in the trial court. The judgment noted, “It is brought on the record that in earlier Suit No. 51544/16 decided vide judgment dated 10.01.2018 between the same set of parties, the petitioner/defendant was held to be in possession of only the first floor of the suit property.”

The court further stated, "She has miserably failed to substantiate her defense to the suit, which otherwise too is outside the scope of section 6 of the Specific Relief Act.” The High Court found no substantial evidence supporting the petitioner’s claims of illegal dispossession and fraud, thereby upholding the trial court’s decision.

The appeals of the petitioner were dismissed, and the trial court’s judgment was upheld. The High Court dismissed the revision petition and vacated the interim order dated 09.02.2023.

Date of Decision: February 20, 2024

SMT. KAMLESH vs. SMT. SUNITA SHARMA

Similar News