-
by Admin
07 May 2024 2:49 AM
The Supreme Court of India, in a decisive judgment, has settled a protracted property dispute, underscoring the legal sanctity of family settlements and evidentiary value in determining exclusive ownership rights. The ruling, delivered by Justices Vikram Nath and Ahsanuddin Amanullah, pertained to a contentious family feud over the ownership of ancestral properties located in Kamla Nagar and Malcha Marg, Delhi.
The key legal issue in this judgment revolved around the recognition and enforcement of family settlements and the exclusive ownership of joint family property. The court meticulously examined the nature of the two properties in question, differentiating between joint family assets and individually owned properties.
The dispute involved the descendants of Late Shri Tek Chand Khanna, with the appellants and respondents laying claim to the Kamla Nagar and Malcha Marg properties. While the Kamla Nagar property was originally joint family property, the Malcha Marg property was contested as being acquired solely by one branch of the family.
The court’s assessment provided a detailed analysis of the evidence presented. Regarding the Kamla Nagar property, the court found substantial evidence of a payment of Rs. 55,000 by the appellants for the respondent’s share, thus concluding that the property no longer remained joint family property. On the other hand, the court upheld the concurrent findings of the lower courts that the Malcha Marg property was exclusively owned by the respondents, as there was no evidence of it being acquired through joint family funds.
The Supreme Court restored the Trial Court’s decision regarding the Kamla Nagar property, recognizing it as exclusively owned by the appellants. Conversely, the decision on the Malcha Marg property was upheld as per the High Court’s judgment, affirming it as the exclusive property of the respondents. The appeals on the Kamla Nagar property were allowed, while those on the Malcha Marg property were dismissed. Both parties were directed to bear their own costs.
Date of Decision: March 19, 2024.
“Jugal Kishore Khanna (D) Thr Lrs & Anr. Versus Sudhir Khanna & Ors.”,
