https://www.taxtmi.com/caselaws?id=311379 Mohammad Patti lands were not proved to be joint family property because the presumption of joint ownership arises only where a sufficient nucleus and surplus family income are shown, and that evidence was lacking. The purchase was instead credibly traced to the plaintiff's wife through her inherited property, so the partition suit was not defective for partial partition. A decree alleged to have been obtained by fraud may also be impeached in collateral proceedings, and limitation for a separate suit does not bar that defence; however, the fraud allegation failed on the facts because the compromise petition and surrounding circumstances showed the parties knew its contents when signing. en-us Wed, 26 Feb 1969 00:00:00 +0530 Fri, 22 Dec 2023 16:22:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311379 Mohammad Patti lands were not proved to be joint family property because the presumption of joint ownership arises only where a sufficient nucleus and surplus family income are shown, and that evidence was lacking. The purchase was instead credibly traced to the plaintiff's wife through her inherited property, so the partition suit was not defective for partial partition. A decree alleged to have been obtained by fraud may also be impeached in collateral proceedings, and limitation for a separate suit does not bar that defence; however, the fraud allegation failed on the facts because the compromise petition and surrounding circumstances showed the parties knew its contents when signing. Case-Laws Indian Laws Wed, 26 Feb 1969 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=311379