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2004 (12) TMI 646 - SC - Indian LawsWhether the appellants have any share in the property (38, Koregaon Park, Pune) subject matter of dispute? Whether on the date decrees were passed, the appellants were co-owners of the said property? Whether the said property was the residence of the appellants at the time possession was taken? Held that:- The appellants have miserably failed to establish that on the date the decrees were passed, the appellants were the co-owners of the property at 38, Koregaon Park, Pune. They further failed to establish that they have any independent source of income and they have contributed for purchase of the property at 38, Koregaon Park, Pune, from their own independent income. Further the appellants failed to discharge the burden of proving that the appellants have a share in the property. The other connected issues are only consequential to this issue and it may not be necessary for us to deal with them in view of our decision above. Accordingly, the appeal fails and is dismissed with costs.
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