Supreme Court of India · 2003-10-13
Azeez Sait `Dead' By L.Rs. And Ors vs Aman Bai And Ors
- Citation / case number
- AIR 2003 SUPREME COURT 4444
- Court
- Supreme Court of India
- Petitioner
- Azeez Sait `Dead' By L.Rs. And Ors
- Respondent
- Aman Bai And Ors
- Author
- Ar. Lakshmanan
- Bench
- Ashok Bhan, Ar. Lakshmanan
Judgment text excerpt
The Supreme Court upheld the High Court's decision affirming the trial court's decree for partition under Section partition of the Indian Succession Act, ruling that the properties in question were joint family properties despite claims of a prior partition in 1914. The Court established that the burden of proof lies on the party asserting the existence of a prior partition, and since the defendants failed to substantiate their claims, the plaintiffs were entitled to their share. The appeal was dismissed, affirming the lower courts' findings.