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august 1991

Supreme Court of India · 1991-08-20

DATTATRAYA @ PRAKASH AND ORS. vs KRISHNA RAO @ LALA SAHEB BAXI THROUGH L.RS.ETC. ETC.

Citation / case number
SC 1976/60960
Court
Supreme Court of India
Petitioner
DATTATRAYA @ PRAKASH AND ORS.
Respondent
KRISHNA RAO @ LALA SAHEB BAXI THROUGH L.RS.ETC. ETC.
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that the properties in question, granted as a permanent jagir, were subject to the rule of primogeniture and thus not coparcenary joint family properties. The Court emphasized that the burden of proof lies on the party claiming the property as separate or self-acquired, and upheld the trial court's decision granting a preliminary decree for partition of half share in the jagir estate and moveable properties. The ruling clarified the implications of the Madhya Bharat Abolition of Jagir Act, 1951 on the nature of the estate and succession rights.

DATTATRAYA @ PRAKASH AND ORS. vs KRISHNA RAO @ LALA SAHEB BAXI THROUGH L.RS.ETC. ETC. · Niyam