THE SHRINIVAS KRISHNARAO KANGO versus NARAYAN DEVJI KANGO AND OTHERS

THE SHRINIVAS KRISHNARAO KANGO versus NARAYAN DEVJI KANGO AND OTHERS

The plaintiff failed to discharge the initial burden of proof that the properties in question were joint family properties, as the evidence showed the acquisitions to be self-acquisitions, primarily due to insufficient income from the joint family nucleus. The doctrine of relation back cannot be used by an adopted son to divest property inherited from a collateral prior to his adoption.

Parties
Appellant: Shrinivas Krishnarao Kango; Respondent: Narayan Devji Kango and Others
Jurisdiction
India
Judgment Date
23 March 1954
Procedural Posture
Civil Appeal / Appeal From the High Court of Judicature at Bombay, Appeals Nos. 63 and 148 of 1947, From the Decree Dated 31st July 1946 of the Civil Judge, Senior Division, Bijapur, Special Civil Suit No. 28 of 1945
Outcome
Appeal dismissed, with modification
Legal Topics
Joint Family Property, Self Acquisition, Burden of Proof, Ancestral Property, Adoptive Son's Rights, Doctrine of Relation Back, Collateral Succession
Hindu Law Property Law Family Law Joint Family Property Self Acquisition Burden of Proof Ancestral Property Adoptive Son's Rights +2 more

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Parties

Shrinivas Krishnarao Kango

Appellant

Narayan Devji Kango and Others

Respondent

Procedural Posture

Civil Appeal / Appeal From the High Court of Judicature at Bombay, Appeals Nos. 63 and 148 of 1947, From the Decree Dated 31st July 1946 of the Civil Judge, Senior Division, Bijapur, Special Civil Suit No. 28 of 1945

Legal Issues

  1. 1 Whether properties purchased or constructed by Siddopant and Devji were joint family or self-acquired properties
  2. 2 Whether the doctrine of relation back allows an adopted son to divest property inherited from a collateral before adoption
  3. 3 Whether blending of properties occurred

Ratio Decidendi

The plaintiff failed to discharge the initial burden of proof that the properties in question were joint family properties, as the evidence showed the acquisitions to be self-acquisitions, primarily due to insufficient income from the joint family nucleus. The doctrine of relation back cannot be used by an adopted son to divest property inherited from a collateral prior to his adoption.

Court Disposition

Appeal dismissed, with modification

Orders

  • Plaintiff granted a decree for half the value of the plots S. Nos. 634 and 635, S. Nos. 639, 640 and 641, and S. Nos. 642, 644 and 645, as on the date of the decree of the suit.
  • Otherwise, the decree of the lower court is confirmed.