family, are all joint properties
acquired out of the joint family nucleus. When the defendants have
admitted the existence of nucleus, it is for them ... prove that they
acquired the property without the aid of joint family nucleus.
8. The learned Senior Counsel further submitted that the
defendants have
below has wrongly come to the conclusion that there was no
sufficient nucleus out of which the acquisitions could have been
made. On the contrary ... properties were purchased without the aid of the joint family fund or
nucleus. The family possessed of 14-15 bigha agricultural land and
subsequent acquisition
submitted that in fact, there was no joint family fund nor any
nucleus with the aid of which, Gudarganj property could have been
acquired. Since ... joint family property acquired out of the joint
family fund/nucleus" and "whether the impugned judgment and
decree are sustainable
paragraph 3, the
plaintiff pleaded that out of joint family fund and nucleus, some
property was purchased and four sons of Kalpoo Singh were owner
counsel further submitted that there
was sufficient agricultural lands which formed the nucleus which was
adequate enough to purchase the suit properties in the name ... parties
were separate, there is no question of joint family fund or nucleus
arises.
24. The learned counsel for the appellant gave much
emphasis
further case is that the family had no sufficient
joint nucleus so as to purchase the property nor there were sufficient
number of cattles ... evidence in
support of their case that the joint family had sufficient nucleus i.e.
from agricultural lands and business of milk and ghee
that the property was
acquired by Bishun Ram out of joint family nucleus/fund. The
acquisition by Bishun Ram is admitted. In such circumstances, after
prove this
fact by leading cogent evidence because the nucleus of the joint
family is now admitted that there was about more than 30 bighas ... separate earning without the aid of the joint family
nucleus. Reference may be made to the decision of the Supreme
Court, AIR 1954 Supreme Court
