Registrar Has No Power To Cancel Registered Sale Deeds: Madras High Court Reaffirms Civil Court’s Exclusive Jurisdiction MP High Court Refuses to Quash FIR Against Principal of Sacred Heart Convent High School in Forced Conversion Case Employees Of Registered Societies Cannot Claim Article 311 Protection: Delhi High Court Clarifies Limits Of Constitutional Safeguards In Private Employment Maintenance Cannot Be Doubled Without Cogent Reasons, Wife's Education And Earning Capacity Relevant Factors: Gujarat High Court A Foreign Award Must First Be "Recognised" Before It Becomes A Decree: Bombay High Court A Registered Will Does Not Become Genuine Merely Because It Is Registered: Andhra Pradesh High Court Rejects Suspicious Testament Compensation Under Railways Act Requires Proof of Bona Fide Passenger – Mere GRP Entry and Medical Records Cannot Establish ‘Untoward Incident’: Delhi High Court Tenancy Rights Cannot Be Bequeathed By Will: Himachal Pradesh High Court Declares Mutation Based On Tenant’s Will Void Preventive Detention Cannot Be Based On Mere Apprehension of Bail: Delhi High Court Quashes PITNDPS Detention Order Probate Court Alone Has Exclusive Jurisdiction To Decide Validity Of Will – Probate Petition Cannot Be Rejected Merely Because A Civil Suit Is Pending: Allahabad High Court PwD Candidates Cannot Be Denied Appointment After Selection; Authorities Must Accommodate Them In Suitable Posts: Supreme Court Directs SSC And CAG To Appoint Candidates With Disabilities When Registered Partition Deed Exists, Plea Of Prior Oral Partition Cannot Override It:  Madras High Court Dismisses Second Appeal Municipal Bodies Cannot Demand Character Verification Of Residents: Calcutta High Court Strikes Down Surveillance Condition In Building Sanction State Cannot Exploit Contractual Workers For Perennial Work: Punjab & Haryana High Court Grants Pay Parity To PUNBUS Drivers And Conductors Police Inputs Cannot Create New Building Laws: Calcutta High Court Strikes Down Security-Based Conditions Near Nabanna 'Raising A Child As Daughter Does Not Make Her An Adopted Child': Punjab & Haryana High Court Once Leave Under Section 80(2) CPC Is Granted, Prior Notice to Government Is Not Mandatory: Orissa High Court Restores Trial Court Decree State Cannot Use Article 226 To Evade Compliance With Court Orders: Gauhati High Court Dismisses Union’s Petition With Costs ED Officers Accused Of Assault By ₹23-Crore Scam Accused – FIR Survives But Probe Shifted To CBI: Jharkhand High Court High Courts Should Not Interfere In Academic Integrity Proceedings At Preliminary Stage: Kerala High Court Power Of Attorney Holder With Personal Knowledge Can Depose In Cheque Bounce Cases: Kerala High Court Sets Aside Acquittal Agreement Cannot Dissolve Hindu Marriage, But Can Prove Mutual Separation”: J&K & Ladakh High Court Denies Maintenance

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

Latest Legal News