AIR 1969 SUPREME COURT 1076 ::1970 Mah LJ 392 ::1969 3 SCR 245 ::1972 Bom LR 108

Supreme Court Of India

(From: Bombay)*

Hon'ble Judge(s): J. C. Shah, V. Ramaswami, A. N. Grover , JJJ

(A) Constitution of India , Art.136— Concurrent finding of fact by lower Courts that partition deed was not genuine, is binding on Supreme Court. The finding by both the lower Courts that a partition deed was not genuine and was effected for an ulterior purpose is essentially a finding upon a question of fact, and in an appeal by special leave it is the normal practice of the Supreme Court to accept such a concurrent finding of fact as correct.(Para 4) (B) Hindu Law - Joint family - Partition - Severance of joint status - Essentials - Definite and unequivocal expression of intention necessary. It is now well established that an agreement between all the coparceners is not essential to the disruption of the joint family status, but a definite and unambiguous indication of intention by one member to separate himself from the family and to enjoy his share in severally will amount in law to a division of status. It is immaterial in such a case whether the other members assent or not. Once the decision is unequivocally expressed, and clearly intimated to his co-sharers, the @page-SC1077 right of the coparcener to obtain and possess the share to which he admittedly is entitled, is unimpeachable. If howev....