AIR 2018 ORISSA 154

Orissa High Court

Hon'ble Judge(s): D. P. Choudhury , J

(A) Evidence Act (1 of 1872) , S.101, S.103— Suit for partition - Burden of proof - Plea of plaintiff that both plaintiff and defendant being daughters of owner of suit property, entitled for equal share in suit property - Case of defendant that as plaintiff is not daughter of owner, would not be entitled for share in suit property - Plaintiff adduced both oral and documentary evidence to prove her share in property - Defendant adduced only oral evidence and no documentary evidence - Failure on part of defendant to prove that plaintiff is not daughter of owner of suit property - Plaintiff, entitled for equal share in suit property. AIR 1960 SC 100, AIR 1971 SC 1949, Rel. on. (Para 35) (B) Evidence Act (1 of 1872) , S.103— Suit for partition - Burden of proof - Parties to dispute adducing evidence to prove share in suit property - Onus becomes academic and divided - Each party has to prove her own plea. (Para 15) (C) Evidence Act (1 of 1872) , S.65, S.74— Secondary evidence - Certified copy of sale deed - Suit for partition - Defendant denying that plaintiff was daughter of owner of suit property - Plaintiff producing certified copy of sale deed executed by her fathe....