ISSUE:
Do plaintiffs prove that the suit Properties are the joint family Properties?
Do defendants prove that there Was already partition on 22.4.85 And all shares holders are in Possession of their respective Shares?
Do they further prove that suit Property mention at Sr.No.5 is self-acquired property of deceased Eknath?
Whether suit is maintainable?
Whether the suit is barred by limitation?
Whether plaintiffs are entitled to partition and possession of half share in the suit properties?
Whether the plaintiffs are entitled to future mesne profit?
RULE:
General presumption is that a Hindu family is joint and properties are joint family properties but once a partition takes place in a family, presumption would be that all properties stood partitioned. Burden of proof of exclusion of certain property from partition would be on party who asserts same to be joint.