Partition–Transfer of Property Act, 1882–Sec. 45–Rejection of suit with conclusion that the plaintiffs failed to prove that their predecessor R had contributed in purchasing the suit property–Findings were reversed by High Court in second appeal–Justification–Evidence was in the nature of oath versus oath by the both parties–No documentary evidence except the sale deed–No evidence to show that the construction of house was made from the joint family funds–First appellate Court raised the presumption u/s. 45 of T.P. Act in favour of plaintiffs but it was negated in light of factual findings–If the defendants failed to prove that their predecessor paid the entire consideration, it was not sufficient to absolve the plaintiffs to establish their own claim–High Court committed error in decreeing the suit.
