inasmuch as, it has not been held that there was any joint nucleus of the family which was sufficient enough to acquire the said properties ... whatsoever on record with regard to the existence of a joint family nucleus.
24, Mr. Laxmi Narayan, the learned counsel appearing on behalf
property of Late
Ramchandra Prasad even when the jointness and existence of nucleus
had been proved. It has been further submitted that the appellate court ... proof
would be on the plaintiffs to establish that there was adequate
nucleus in the joint family out of which the suit property could have
property which from its nature and relatives value
may have formed the nucleus from which the property in question may have
acquired, the presumption arises ... joint family. But no such
presumption arise, if the nucleus is such that with its help the property
claimed to be joint could not have
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
decision of this appeal is whether in the absence of sufficient nucleus of joint family, the suit plot No. 708 could be purchased ... proved by the judgment-debtor of the money suit that there was nucleus of property held jointly by the plaintiff-appellants' and the judgment
other property; and, therefore, he held that there was not sufficient nucleus with the aid of which any property could be acquired, and that ... below found that the joint family of the appellants had not sufficient nucleus with the aid of which any property could be acquired
contesting defendants had failed to prove that there was any such nucleus of joint family from the income of which the aforesaid lands could have ... case if it is found that the ioint family had a sufficient nucleus which left sufficient surplus income from which subsequent acquisitions could be made
settled that in the case of a Hindu joint family where a nucleus of joint family property is proved 'or admitted, a presumption arises ... Mulla's Hindu Law, llth edition, as follows :
"When a nucleus of joint family property is proved or admitted a presumption arises that
their wives. The finding of the Tribunal was that there was sufficient nucleus of the Hindu joint family to warrant the finding that ... Tribunal has come to a finding of fact that mere was sufficient nucleus of the Hindu undivided family to enable acquisition of the two collieries
item of property is joint to establish that there was a nucleus of joint family property and that nucleus was such as did or might ... 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
