In Brief
A sister sued her brother for partition of ancestral and self-acquired properties, including land held under occupancy rights under the Inam Act. The Trial Court granted her ½ share in the disputed Inam land, but the High Court reduced it to ¼ share without properly examining the evidence. The Supreme Court held that the High Court breached its duty under the Code of Civil Procedure by failing to form issues for determination, consider the evidence on record, or provide reasoned findings. The Court found that the original applicant (their father) had continuously cultivated the land, and upon his death, it devolved equally to both children as heritable property. The Court set aside the High Court's judgment and confirmed the Trial Court's decree granting ½ share to the sister, emphasizing the First Appellate Court's mandatory duty to conduct a full rehearing and provide reasons.
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