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- Appeal against judgment allowing partition suit - Dispute over joint family property and partition claim - Consideration of evidence by High Court - Settlement claim and documentary evidence analysis - Compromise among parties except one respondent Analysis: The appeal before the Supreme Court challenged the judgment of the Andhra Pradesh High Court, which allowed the partition suit filed by the plaintiffs, setting aside the trial court's decree dismissing the suit. The dispute revolved around the joint family property of Purandas and his sons, with the plaintiffs claiming a 1/5th share. The trial court had ruled in favor of the defendants, denying the existence of joint property due to a supposed settlement in 1942. However, the High Court overturned this decision after a detailed analysis of the evidence, including witness statements and documents. The High Court found that the property was developed jointly by Purandas and his sons, making it eligible for partition. The court rejected the defendants' claim of a settlement in 1942, emphasizing the lack of evidence to support this assertion. The High Court's scrutiny of the documentary evidence, particularly Exhibit B-3, a deed of settlement, was thorough. The court dismissed the defendants' argument regarding the settlement and separate business operations postulated by the defendants. The High Court's decision was supported by a comprehensive review of the evidence, including partnership deeds and correspondence with tax authorities. The court highlighted that the mere existence of different business entities or partnerships within a family did not necessarily indicate a separation of joint property. The defendants' contentions regarding the settlement and subsequent business operations were deemed untenable. The Supreme Court upheld the High Court's judgment, noting that the matter had been settled among the parties through a compromise, except for one respondent whose legal heirs did not appear. The court found no valid reason to interfere with the High Court's decision, reiterating the continuation of the appeal concerning the absent respondent. The appeal was dismissed, affirming the High Court's ruling on the partition suit. The costs were awarded in favor of the prevailing party.
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