Raj HC | Ownership of property to be decided on evidence where mode of acquisition is disputed   

Rajasthan High Court: Sabina, J., dismissed the petition moved for dismissing the suit for partition qua the petitioner since no ground for interference was made out.

The petitioner filed a petition under Article 227 of the Constitution of India challenging the order passed by the trial court.

The respondents had filed a suit for partition and cancellation of sale deed, challenging the Will executed by Bardi Bai.  The petitioner moved an application before the trial court that the suit qua him be dismissed as he had purchased the property through registered sale deed from its owner Bardi Bai.

The said application was dismissed by the trial court vide the impugned order after they observed that it was yet to be determined as to whether the property purchased by the petitioner was the ancestral property of Bardi Bai or it was an acquired property.

The Court held that the said question was to be decided by the trial court after the parties led their evidence with respect to their pleas. The learned trial court had rightly dismissed the application moved by the petitioner. [Aamil Khan v. Shanti Bai, 2019 SCC OnLine Raj 4023, decided on 14-10-2019]

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