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Aher Hamir Duda vs Aher Duda Arjan And Ors. on 7 February, 1977 cites

Jaswantlal Linabhai vs Nichhabhai Vallabhbhai And Ors. on 17 April, 1963

The Supreme Court has affirmed the view of this Court in Jaswantlal v. Nichhabhai (AIR 1964 Gui 283) (supra) that where there is severance of status it would be open to a son to ask for partition of the joint family properties by metes and bounds. In this case, as already pointed out by us, a categorical find- R. 2; 00 Sp ing of fact has been recorded that there was no severance of status as claimed by the father of the plain tiff. In fact it is the case of the plaintiff that there was no severance of status, The case of the plaintiff must either stand or fail on his own. He cannot now be permitted in this Court to approbate and reprobate by asking us to take into account what his father had said in his written statement. So far as that question whether his father had separated from his grandfather about forty years ago was concerned, there is a categorical finding of fact and that puts an end to the controversy as to whether there was severance of status or not.
Gujarat High Court Cites 3 - Cited by 4 - Full Document

Bhugwati Kuweri Chowdhrani vs Chutterput Singh on 21 March, 1898

10. Ever since the case of Durga Chowdhrani v. Jewahir Singh (1890) 17 Ind App 122 (PC), it has been consistently held by the High Courts, and by the Supreme Court that there is no jurisdiction to entertain a Second Appeal on the ground of erroneous finding of fact, however gross the error may seem to be. Therefore, we have to proceed on the basis that the coparcenery existed at the date when the plaintiff brought the action and that the plaintiff's father had never separated himself from his grandfather about forty years ago so as to make us hold that there was severance of status between the father of the appellant and other members of the coparcenery.
Calcutta High Court Cites 2 - Cited by 5 - Full Document
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