Admissions in prior pleadings can prove death and partition rights, and support transferee entitlement to allotted lands.

A signed and verified pleading in earlier litigation is admissible as an admission under Section 17 of the Evidence Act and may be relied on in later proceedings, though it is not conclusive and can be accepted in part. On the facts, the earlier plaint was accepted to establish that Ramyad Singh died in 1939, while the inconsistent statement about surrender of the widow's estate was rejected. That finding entitled the widow to a share in the joint family estate and to maintain the partition suit under the Hindu Women's Rights to Property legislation. After she became full owner under Section 14 of the Hindu Succession Act, the transferee purchaser was entitled to the benefit of Order XXII Rule 10 CPC and to allotment of the purchased lands in partition.

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Issues: Whether the admissible admission contained in a prior plaint established that Ramyad Singh died in 1939, thereby entitling his widow to a share and to maintain the partition suit, and whether the appellant, as transferee from the widow, was entitled to have the purchased lands allotted to him in the final partition.

Analysis: A signed and verified pleading filed in an earlier suit is an admission within the meaning of Section 17 of the Indian Evidence Act, 1872, and may be used in subsequent litigation. Such an admission is not conclusive, but it is strong evidence and may be accepted in part and rejected in part. The Court accepted the statement in the earlier plaint that Ramyad Singh died in 1939, and rejected the inconsistent statement about surrender of the widow's estate and entitlement only to maintenance. The oral evidence and rent receipts were also assessed, and the defendants' explanation for the earlier admission was rejected. On that finding, the widow was entitled to an eight annas share in the joint family estate and could maintain the partition suit under the Hindu Women's Rights to Property Act, 1937 and the Bihar Hindu Women's Rights to Property (Extension to Agricultural Land) Act, 1942. As she had thereafter become full owner of her share by virtue of Section 14 of the Hindu Succession Act, 1956, the appellant, as transferee under the sale deed, was entitled to the benefit of Order XXII Rule 10 of the Code of Civil Procedure, 1908 and to allotment of the purchased lands in partition.

Conclusion: The finding was in favour of the appellant on the date of death and the widow's right to partition, and the appellant was entitled to have the purchased lands allotted to him.

Final Conclusion: The High Court's decree was set aside and the partition decree was restored with modification to protect the appellant's transferee rights in the specific lands purchased from the widow.

Ratio Decidendi: A signed and verified pleading filed in an earlier suit is admissible as evidence in later litigation under the law of admissions, and such an admission may be acted upon, though not conclusively, to determine the disputed issue and the consequential proprietary rights.

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