[Adverse Possession – Co‑owners] Possession of one co‑owner presumed to be on behalf of all; adverse possession requires open denial of title, hostile animus, and ouster to knowledge of other co‑owners. (Paras 20–23)

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APEX COURT 

[Res Judicata – Cause of Action Test] A subsequent suit is barred only if founded on the same cause of action as the earlier suit. A possession suit based on settlement deed (1962) is distinct from a partition suit based on birthright (1988). (Paras 14–19)

[Cause of Action – Definition] Cause of action means every fact necessary to prove the plaintiff’s right to relief; differs from mere evidence. (Paras 16–17)

[Partition Suit – Maintainability] Dismissal of earlier possession suit does not bar later partition claim; plaintiff entitled to seek share in family property. (Paras 18–19)

[Adverse Possession – Co‑owners] Possession of one co‑owner presumed to be on behalf of all; adverse possession requires open denial of title, hostile animus, and ouster to knowledge of other co‑owners. (Paras 20–23)

[Ouster Doctrine – Requirements] To establish ouster, defendant must prove: (i) declaration of hostile animus, (ii) long and uninterrupted exclusive possession, (iii) exercise of ownership rights openly and to knowledge of co‑owner. (Paras 21–23)

[Weakness of Ouster Defense] Ouster is a weak defense in partition suits; mere exclusive possession or enjoyment of profits by one co‑owner does not amount to adverse possession. (Paras 20–22)

[Settlement of Long‑Standing Dispute] Supreme Court, to end five decades of litigation between siblings, ordered equitable partition: appellants entitled to 35% share, respondent 65%. If partition by metes and bounds not possible, property to be sold and proceeds divided accordingly. (Para 25)

[Suspicion Removal – Judicial Conscience] Courts must be fully satisfied that Will was validly executed; mere assertions or registration cannot remove suspicion. (Paras 13–14, 17)

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APEX COURT 

[Execution of Will – Section 63(c) Succession Act] A Will must be attested by two or more witnesses, each witnessing the testator’s signature or acknowledgment; simultaneous presence is not mandatory. (Paras 12, 15)

[Proof of Will – Section 68 Evidence Act] At least one attesting witness must be examined to prove execution; proviso excluding this requirement for registered documents does not apply to Wills. (Paras 16–17)

[Section 71 Evidence Act – Strict Interpretation] Section 71 applies only when attesting witness denies or fails to recollect execution; it cannot be invoked when witness is not summoned or fails to prove execution. (Paras 17, 20–21)

[Suspicious Circumstances – Burden on Propounder] Where Will excludes natural heirs or contains unusual dispositions, propounder must dispel all legitimate suspicions to satisfy judicial conscience. (Paras 13–14)

[Registration of Will – Limited Presumption] Registration of Will may reduce suspicion but does not prove due execution; statutory proof requirements under Sections 63 and 68 remain mandatory. (Paras 9–10, 14, 18–19)

[Judicial Conscience Test] Courts must act as a court of conscience in Will cases, ensuring instrument is truly last testament of testator, executed with free will and sound mind. (Paras 13, 18, 28)

[Case Law Principles]

• H. Venkatachala Iyengar v. B.N. Thimmajamma: Propounder must prove signature, sound mind, understanding, and free will. (Para 13)

• Jaswant Kaur v. Amrit Kaur: Suspicious circumstances require heavier burden on propounder. (Para 14)

• Surendra Pal v. Saraswati Arora: Proof must remove doubts of coercion or fraud. (Para 14)

• Rabindra Nath Mukherjee v. Panchanan Banerjee: Registration reduces suspicion but does not replace proof. (Para 14)

• Janki Narayan Bhoir v. Narayan Namdeo Kadam: If one attesting witness fails, other must be examined. (Paras 18, 21)

• M.B. Ramesh v. Veeraje Urs: Court may call for further evidence to satisfy conscience despite technical lapses. (Paras 18–19)

[Effect of Non‑Examination of Attesting Witness] If attesting witness is alive and capable, failure to examine renders Will unproved; Section 71 cannot be invoked to bypass this requirement. (Paras 20–21)

[Suspicion Removal – Judicial Conscience] Courts must be fully satisfied that Will was validly executed; mere assertions or registration cannot remove suspicion. (Paras 13–14, 17)

[Partition – Effect] Unless partition is pleaded and proved, property purchased from joint family funds retains its joint character; mere assertion of partition without evidence is insufficient. (Paras 12–14)

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M.P. HIGH COURT

[Section 100 CPC – Scope of Second Appeal] Second appeal lies only on substantial questions of law; findings of fact by lower courts cannot be interfered with unless perverse or contrary to law. (Paras 7–9)

[Res Judicata – Applicability] Dismissal of earlier suit in default does not operate as res judicata; interlocutory orders like temporary injunctions do not conclude rights. (Paras 9–10)

[Joint Hindu Family Property – Presumption] No presumption that property is joint family property merely because family is joint; burden lies on party asserting joint character to prove existence of nucleus. (Paras 12–15)

[Purchase in Minor’s Name] Property purchased in name of minor (aged five years) with no independent source of income indicates acquisition from family funds, supporting inference of joint family property. (Para 11)

[Partition – Effect] Unless partition is pleaded and proved, property purchased from joint family funds retains its joint character; mere assertion of partition without evidence is insufficient. (Paras 12–14)

[Half Share of Plaintiff] Appellate Court rightly held plaintiff entitled to half share in disputed property, as defendants failed to prove exclusive ownership or partition. (Para 13–14)

[Supreme Court Precedent – Angadi Chandranna v. Shankar] Reiterated principle: existence of sufficient nucleus must be proved to treat property as joint; burden shifts to party claiming self‑acquisition only after such proof. (Para 15)

[Doctrine of Nucleus and Blending] Mere existence of small nucleus is insufficient; property becomes joint only if nucleus is income‑yielding and acquisition is linked. Voluntary blending of self‑acquired property requires clear intention to abandon separate rights. (Para 15, citing R. Deivanai Ammal v. G. Meenakshi Ammal)

[Ancestral Property – Definition] Property inherited from paternal ancestors up to three generations is ancestral; share obtained on partition retains ancestral character vis‑à‑vis male issue. (Para 14, citing Govindbhai Chhotabhai Patel v. Patel Ramanbhai Mathurbhai)

[Coparcenary Property – Principles] Coparcenary property consists of ancestral property; sole surviving coparcener may treat property as separate until birth of a son, whereupon coparcenary revives. Alienation by karta valid only for legal necessity. (Para 15, citing Rohit Chauhan v. Surinder Singh)