MUDIGOWDA GOWDAPPA SANKH & ORS. versus RAMCHANDRA RAVAGOWDA SANKH & ANR.

MUDIGOWDA GOWDAPPA SANKH & ORS. versus RAMCHANDRA RAVAGOWDA SANKH & ANR.

The partition deed was not genuine, and was executed to deprive widows of maintenance. Expression of intention for partition was sham, and did not effect severance of status. Income from joint family nucleus was adequate for subsequent acquisitions; no proof that these were self-acquisitions. Alienations challenged in plaint were not genuine and not binding on the plaintiff.

Parties
Appellants: Mudigowda Gowdappa Sankh & Ors.; Respondents: Ramchandra Ravagowda Sankh & Anr.
Jurisdiction
India
Judgment Date
09 January 1969
Procedural Posture
Civil Appeal / Appeal by Special Leave From Bombay High Court Judgment Dated December 12, 1962 in First Appeal No. 436 of 1958
Outcome
Appeal dismissed with costs.
Legal Topics
Partition Under Hindu Law, Joint Family Property, Alienation, Adoption, Presumption Regarding Joint Family Acquisitions
Hindu Law Property Law Partition Under Hindu Law Joint Family Property Alienation Adoption Presumption Regarding Joint Family Acquisitions

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Parties

Mudigowda Gowdappa Sankh & Ors.

Appellants

Ramchandra Ravagowda Sankh & Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Bombay High Court Judgment Dated December 12, 1962 in First Appeal No. 436 of 1958

Legal Issues

  1. 1 Whether the partition deed executed in 1944 was a sham transaction and not intended to be effective
  2. 2 Whether the partition deed effected a severance of joint family status despite being bogus
  3. 3 Whether later property acquisitions between 1911 and 1940 were joint family properties or self-acquisitions

Ratio Decidendi

The partition deed was not genuine, and was executed to deprive widows of maintenance. Expression of intention for partition was sham, and did not effect severance of status. Income from joint family nucleus was adequate for subsequent acquisitions; no proof that these were self-acquisitions. Alienations challenged in plaint were not genuine and not binding on the plaintiff.

Court Disposition

Appeal dismissed with costs.

Orders

  • Judgment of Bombay High Court dated December 12, 1962 affirmed.
  • Partition to be effected as per High Court's decree.