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9. If so, what is his share and in which properties?

10. To what reliefs the parties are entitled? Additional one issue was framed later which reads as under.

11. Whether the plaintiff proves that suit property bearing Municipal H. No. 764/8A-1 situated at Anagol-Mal (Bhagya Nagar) is also ancestral property?

5. The learned trial Judge affirmed issue No. 1 partly and also answered No. 4 in favour of the plaintiff. The trial Judge also answered issue No. 8 in favour of the plaintiff and granted a decree as aforesaid. The trial court held that the acquisition of the property was from the joint family nucleus which was available with the joint family propitious, all the parties i.e. defendant Nos. 5, 8 and 11 and the sons i.e. defendants Nos. 1,4,9 and 10 and the plaintiff were to share equally and as per principle it was incumbent on the part of defendant Nos. 1 to 3 to prove specifically that it was on account of self-acquired properties came to be purchased. Learned trial Judge further held that there is absolutely no evidence to support the plea of defendant Nos. 1 to 3 and further held that the suit property acquired vide Ex.D 46 bearing TMC Old No. 1846A and new No. 2178 standing in the name of. Defendant No. 2 the suit property purchased vide Ex.D 48 dated 28.6.1971 standing in the name of Defendant No. 1; the suit property Ex. D.49 dated 24.2.1983 standing in the name of Defendant No. 3 and the suit property vide Ex.50 dated 11.8.1975 standing in the name of Defendant No. 2 are joint family acquisition wherein plaintiff and Defendant No. 9 as co-parceners can seek partition of their specific share in them. It may not be out of place to mention here that Defendant No. 1 is the brother of the plaintiff, defendant No. 2 is the wife of defendant No. 1 while defendant No. 3 is the son of defendant Nos. 1 & 2. Ultimately the trial Judge concluded as follows:

Consequently, each of the plaintiff and the defendant No. 9 is entitled to 3/16th share in the suit properties at Sl. Nos. 1 to 4 shown in para (I), and Sl. No. 1 and 2 and 4 to 7 shown in para (II), and st Sl. Nos. 1,2 and 4 shown in para (III), and at Sl. Nos. 1 to 4 shown in para (VI) of the suit Schedule 'B' The net result is the plaintiff and Defendant No 9 were given 3/16th share by partition metes and bounds. Aggrieved against this judgment and decree the defendant Nos. 1 to 3 preferred an appeal before the High Court. In the present appeal we are only concerned with the respondent Nos. 1 to 3 who were the appellants before the High Court who felt aggrieved by the order of the trial court. On appreciation of evidence the High Court observed that in the present appeal the High Court was only concerned with Issue Nos. 3,5,6 & 7 and the grievance of the appellants before the High Court was that all the properties mentioned in those issues were self-acquired properties of Devendra, his wife and son and those properties were not purchased from the family nucleus. The High Court on appreciation of evidence set aside the order of the trial court so far as the appellants before it (i.e. Defendant Nos. 1 to 3) were concerned and dismissed the suit qua them. Hence the present appeal.

7. In the case of Srinivas Krishnarao Kango v. Narayan Devli Kango and Ors. , their Lordships held that proof of the existence of a joint family does not lead to the presumption that property held by any member of the family is joint, and the burden rests upon anyone asserting that any item of property was joint to establish the fact. But where it is established that the family possessed some joint property which from its nature and relative value may have formed the nucleus from which the property in question may have been acquired, the burden shifts to the party alleging self-acquisition to establish affirmatively that the property was acquired without the aid of the joint family property. Therefore, so far as the proposition of law is concerned, the initial burden is on the person who claims that it was joint family property but after initial discharge of the burden, it shifts to the party who claims that the property has been purchased by him through his own source and not from the joint family nucleus. Same proposition has been followed in the case of Mst. Rukhmabai v. Lala Laxminarayan and Ors. wherein it was observed as follows:

Similarly, in the case of Achuthan Nair v. Chinnammu Amma and Ors. , their Lordships held as follows:

Under Hindu law, when a property stands in the name of a member of a joint family, it is incumbent upon those asserting that it is a joint family property to establish it. When it is proved or admitted that a family possessed sufficient nucleus with the aid of which the member might have made the acquisition, the law raises a presumption that it is a joint family property and the onus is shifted to the individual member to establish that the property was acquired by him without the aid of the said nucleus. This is a well settled proposition of law.