9911796707
TMI Blog1997 (2) TMI 594X X X X Extracts X X X X X X X X Extracts X X X X ..... properties mentioned in the schedule attached to written statement. The other properties included in the plaint schedule, apart from those properties in the schedule of the written statement, appear to be not seriously claimed by the defendants/appellants. The Genealogical Table at page 34 of the paper book indicates the relationship between the parties. 3. The basis of plaintiffs claim with regard to the properties scheduled in the written statement is that though the properties stand in the name of the mother of the defendants they are really properties acquired out of joint family properties and as such he claims to have equal share with the defendants. The defence on the other hand is that the properties belonged absolutely to their ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... na Pani's sridhan and had been gifted by her to the defendant by a registered Deed of Gifts dated 30th March, 1990. The defence evidence about separate possession and cultivation has been disbelieved. iii) The Purchase point were possible to have been met out of the income of joint family properties which were large. Claim of Bina Pani having sridhan was disbelieved. The properties were held to be joint family properties standing in the name of Bina Pani and plaintiffs entitlement to 8 annas share had been found. iv) With regard to properties being plot Nos. 1634, 1638 and 1672 of Khatian No. 285 and Plot No. 1672/2360 of Khatian No. 289 which were acquired in a pre-emption proceeding admittedly by the plaintiffs 1 2, the plai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... endent on the speciality of factors in a case and relationship between the real's owner and the benamdar though the source of money or the custody or possession of the documents of title frequently assumes importance. It is also well accepted that merely because the benamdar is a Hindu female, who is a member of a joint Hindu family, there is no presumption that the property in question must have belonged to the joint family and not to her as her stridhan property. Even in such a case the burden of proof lies on him, who alleges benami. For authorities on the above propositions, references may be made to the cases of Bhuban Mohinl v. Kumud Bala, reported in 28 CWN 131, and Khabirannessa v. Sudhamoy, reported in AIR1958Cal733 . Mere diff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... res and surmises as there was no evidence adduced that payments were made by joint family or husband. In the background of this, the recitals in the deeds of title, relating to such properties carries with it a presumption of correctness and should not be easily set aside. In this connection reference may be made to the case of Banga Chandra v. Jagat Kishor, reported in 21 CWN 225, and the case of Chandra Kishore v. Kumar Upendra reported in 37 CLJ 319. The learned trial Judge approached this point upon wrong placement of onus by banking upon failure on the part of Bina Pani to prove the existence of her stirdhan. This finding was directly contrary to the established legal possession as summarised by us hereinabove. On the same principles t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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