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Issues: Whether the defendants' pleas of existence of a Hindu Undivided Family, the subject property being HUF property, and an alleged oral family settlement created a triable issue so as to prevent a preliminary decree for partition on the basis of the admitted title documents.
Analysis: The pleadings did not disclose the factual basis required in law for asserting that the property belonged to an HUF. There was no clear averment that the family property had been inherited prior to the Hindu Succession Act, 1956, or that any property was subsequently thrown into a common hotchpotch with specific particulars of date, mode and manner of creation of the HUF. The asserted oral settlement was also unsupported by particulars and was inconsistent with the parties' prior conduct, including execution of gift deeds by individuals as absolute owners and absence of any tax or other official recognition of an HUF. On a meaningful reading, the defence was found to be vague, unsupported and not bona fide, and therefore did not amount to a material proposition of law or fact requiring issues to be framed.
Conclusion: The pleas of HUF and oral family settlement were rejected for the purpose of framing issues, and a preliminary decree for partition was passed on the admitted shares in the property.
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