VidhiSangh

Supreme Court of India · 01/05/2019

S. SUBRAMANIAN versus S. RAMASAMY ETC. ETC.

[2019] 8 S.C.R. 250 · 2019 INSC 606

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Summary

Self-acquired property becomes joint-family property by blending only upon proof of a clear intention to abandon separate rights. Joint residence, family borrowing or generous use of property and income did not alone prove that intention. The High Court improperly reappreciated evidence in second appeal to reverse concurrent findings against blending, without a substantial question of law. The Supreme Court restored dismissal of the partition and injunction suits.

Issues

  1. Whether the evidence established intentional blending of self-acquired property with joint-family property.
  2. Whether the High Court could reverse the concurrent findings through a fresh factual assessment in second appeal.

Held

Result

Both appeals allowed. High Court common judgment in Second Appeal Nos.4 and 5 of 2009 set aside; trial court’s common judgment and decree dismissing both suits restored. No order as to costs.

Judgment PDF: Supreme Court of India, [2019] 8 S.C.R. 250.