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of <h1>Supreme Court overturns High Court order, affirms trial court's decision on joint family property share.</h1> <h3>Appasaheb Peerappa Chandgade Versus Devendra Peerappa Chandgade And Ors.</h3> Appasaheb Peerappa Chandgade Versus Devendra Peerappa Chandgade And Ors. - AIR 2007 SC 218, 2006 (11) SCALE 184, (2007) 1 SCC 521 Issues Involved:1. Whether the properties in question were joint Hindu family properties or self-acquired properties.2. The validity of the partition and separation claims by the defendants.3. The entitlement and share of the plaintiff in the properties.4. The adequacy of evidence provided by the defendants to prove self-acquisition of properties.Detailed Analysis:Issue 1: Joint Hindu Family Property vs. Self-Acquired PropertyThe core dispute was whether the properties for which a decree was passed by the trial court were joint Hindu family properties or self-acquired properties of the defendants and their children. The plaintiff claimed that all the properties mentioned were joint family properties and sought partition. The trial court decreed in favor of the plaintiff, but the High Court reversed this finding, dismissing the suit. The Supreme Court reiterated that the initial burden is on the plaintiff to show the property as joint family property. Once established, the burden shifts to the defendants to prove that the property was acquired independently. The trial court found no evidence from the defendants to substantiate their claim of self-acquisition, while the High Court's contrary view was deemed unjustified by the Supreme Court.Issue 2: Partition and Separation ClaimsThe defendants contended that there was a partition in the family prior to the date mentioned in the suit. They claimed that the properties were self-acquired and not part of the joint family nucleus. The trial court, however, did not find sufficient evidence to support the defendants' claims of partition and separation. The High Court's reversal of this finding was not upheld by the Supreme Court, which found the trial court's detailed analysis more convincing.Issue 3: Plaintiff's Entitlement and ShareThe plaintiff sought a 9/48th share in the joint family properties, including separate possession and an accounting of family businesses. The trial court granted the plaintiff and another defendant a 3/16th share each in the specified properties. The High Court's dismissal of the suit against the main defendants was overturned by the Supreme Court, which reinstated the trial court's decision, affirming the plaintiff's entitlement.Issue 4: Evidence of Self-AcquisitionThe trial court required the defendants to prove that the properties were acquired independently, without the aid of the joint family nucleus. The defendants failed to provide adequate evidence to support their claims. The Supreme Court emphasized that the trial court's findings were clear and categorical, rejecting the High Court's view that the findings were vague. The Supreme Court affirmed the trial court's decision, concluding that the properties were indeed joint family acquisitions.Conclusion:The Supreme Court allowed the appeal, set aside the High Court's order, and affirmed the trial court's decree. The defendants failed to prove that the properties were self-acquired, and the plaintiff's claim to a share in the joint family properties was upheld. There was no order as to costs.
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