Case Note & Summary
The appellants, legal heirs of Mahadev Supare, filed a suit for partition and mesne profits against the respondent, Haribhau Supare, claiming that the suit property (agricultural land Gat no. 103 at village Nandra) was joint family property purchased on 14.05.1982 in the name of Mahadev Supare. The trial court decreed the suit, holding the property as joint family property. The first appellate court reversed the decree, treating the property as joint Hindu family property subject to partition in 1985. The appellants appealed to the High Court. The High Court framed a substantial question of law: whether the first appellate court was right in treating the suit property as joint Hindu family property which could have been subjected to partition in 1985. The appellants argued that the defendant did not appear in the witness box, and an adverse inference should be drawn against him under Section 114 of the Indian Evidence Act, 1872, relying on Vidyadhar v. Manikrao. The respondent did not appear. The High Court held that the first appellate court erred in reversing the trial court's decree, as the defendant's failure to testify warranted an adverse inference. The appeal was allowed, the first appellate court's judgment was set aside, and the trial court's decree was restored.
Headnote
A) Hindu Law - Joint Family Property - Partition - Adverse Inference - Suit for partition and mesne profits of agricultural land purchased in name of predecessor-in-title - Defendant failed to enter witness box to support his written statement - Held that adverse inference under Section 114 of the Indian Evidence Act, 1872 must be drawn against the defendant, and the trial court's decree for partition was justified (Paras 5-8).
Issue of Consideration
Whether the first appellate court was right in treating the suit property as joint Hindu family property which could have been subjected to partition in the year 1985.
Final Decision
Appeal allowed. Impugned judgment and order dated 09.04.2008 of the first appellate court set aside. Judgment and decree dated 12.12.2000 of the trial court restored. No order as to costs.
Law Points
- Adverse inference under Section 114 of the Indian Evidence Act
- 1872 when party fails to enter witness box
- Partition of joint family property
- Burden of proof on defendant to rebut presumption of jointness
