Mallesappa Bandeppa Desai And Others vs Desai Mallappa And Others on 9 February, 1961
"11. In this connection, it will be
apposite to refer to two other decisions
where the facts are more akin to the case on
hand then the decisions cited by Mr.
Jagadeesan. M.Bondeppa Desai v. Desai
Mallappa, 1962 (2) M.L.J. 154, is a case
where an item of property had been
purchased by the manager of a joint family in
his personal name. The bone of contention in
that case was that the item of property was
also a joint family property. Naturally the
question arose regarding the burden of proof
and the degree of proof required to establish
the claim that the property was joint family
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property. The Supreme Court held as
follows:-