AIR 2017 SUPREME COURT 4465 ::(2017) 2 MarriLJ 178 ::(2017) 2 WLC(SC)CVL 629 ::(2018) 138 RevDec 473 ::(2017) 3 All RentCas 338 ::(2018) 1 CivilCourtC 167 ::2017 (9) SCC 586 ::(2017) 4 RecCivR 364 ::(2017) 11 Scale 156 ::(2017) 3 CurCC 471 ::(2017) 125 All LR 876 ::(2017) 5 Cal HN 82 ::(2017) 4 ICC 882 ::(2018) 1 Mad LW 957 ::(2017) 7 Mad LJ 492 ::(2017) 4 JLJR 17 ::(2017) 4 Pat LJR 33 ::(2019) 3 UC 1610 ::(2018) 1 AndhLD 141 ::(2017) 180 AllIndCas 188 (SC)

Supreme Court Of India

(From : Karnataka)

Hon'ble Judge(s): R. K. Agrawal, Abhay Manohar Sapre , JJ

(A) Specific Relief Act (47 of 1963) , S.34— Suit for declaration of title - Plea of plaintiff that suit property is self-acquired property - Defendant establishing partition of suit property pursuant to which possession was taken by family members - Failure of plaintiff to adduce documentary evidence to prove self-acquisition - Nothing on record to show source of its acquisition - Decree of declaration of title, cannot be granted. (Para 19 20 21) (B) Hindu Law - Presumption as to co-parcenary and self-acquired property - In absence of any proof of division, presumption as to jointness in food, worship and estate continues to operate - Burden lies upon member, who after admitting existence of joint family asserts that some properties out of entire lot of ancestral properties are his self-acquired property. (Para 22) (C) Hindu Law - Suit for partition - Ancestral or self-acquired property - Plaintiff claiming partition of part property - Plaintiff after admitting existence of joint family claiming that some properties out of entire lot of ancestral properties are his self-acquired property - Defendant proving that oral partition took place ....