Joint Family Property -- Burden to Prove Purchase From Joint Funds Not Discharged -- Property held self-acquired, possession of plaintiffs protected only as licensees
(i) Joint Family Property -- Contribution Towards Family Expenses -- Mere contribution towards family expenses does not lead to an inference that property was purchased from joint family funds. (ii) Family Settlement -- Standard of Proof Required -- A family settlement must be proved by cogent evidence showing consensus ad idem between the parties and its actual implementation. (iii) Specific Relief Act, 1963, Ss.34, 38 -- Suit for Declaration and Permanent Injunction -- Burden to Prove Property Purchased From Joint Funds -- Where suit property is alleged to have been purchased in the name of the father of the parties from joint family funds, the burden to prove this fact lies upon the plaintiffs. Failure to discharge this burden supports a finding that the property is self-acquired, which, being based on proper appreciation of evidence, is a pure finding of fact calling for no interference. Where plaintiffs are found to be in possession merely as licensees, such possession may be protected only to the extent that they cannot be dispossessed except by due process of law.
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