AIR 2007 SUPREME COURT 218 ::2006 AIR SCW 5562 ::2007 (1) AIR Kar R 17 ::2007 (1) SCC 521 ::(2006) 11 Scale 184 ::2007 (2) Cal HN 28 ::2007 (1) All WC 204 ::2007 (1) ICC 197 ::2007 (1) KantLJ 177 ::2007 (1) RajLW 621 ::(2007) 2 LandLR 184

Supreme Court Of India

(From : Karnataka)*

Hon'ble Judge(s): A. K. Mathur, Altamas Kabir , JJ

Hindu Law - Suit for partition and determination of share and possession thereof - Initial burden is on the plaintiff to show that the entire property was a joint Hindu family property - After initial discharge of the burden, it shifts on the defendants to show that the property claimed by them was not purchased out of the joint family nucleus and it was purchased independent of them - Defendants i.e. mother and son had not been able to establish from evidence that they had sufficient funds out of which such properties could be purchased - Propertiesacquired by defendants cannot be said to be self-acquired properties. (Para 9 12)