TMI Blog1970 (2) TMI 138X X X X Extracts X X X X X X X X Extracts X X X X ..... e year 1937. The appellant was the eldest son. The suit from which this appeal arises was brought by the 1st respondent claiming a 1/3rd share in the properties detailed in the plaint-schedule. Some of the properties included In the plaint-schedule are admittedly joint family properties. About them there is no dispute. But the appellant claimed that the properties covered by Exhs. B-2 to B-7 are his separate properties and as such his brothers cannot claim any share therein. The trial Court accepted his contention and granted a decree for partition only in respect of properties other than those covered by those documents. The High Court affirmed the decree of the trial Court in respect of properties covered by Exhs. B-2 to B-5 and B-7 but a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dgment of the High Court that but for the aforementioned statement of the appellant, the High Court would not have disturbed the finding of the trial Court as regards the properties covered by Exh. B-6. Before the right of a party can be considered to have been defeated on the basis of an alleged admission by him, the implication of the statement made by him must be clear and conclusive. There should be no doubt or ambiguity about the alleged admission. There is no difference in the nature of the acquisitions made under Exhs. B-2 to B-5 and B-7 and that made under Exh. B-6. They were all made during the lifetime of Reddinaidu. 4. The case of the appellant Is that when he was married in 1919, he got a dowry of ₹ 2,500. That money wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f we read these statements along with his other evidence and in a harmonious manner, it is clear that what the appellant admitted was that the acquisition in question, was made by his father on his behalf and the consideration for the same was paid by his father from out of the appellant's private funds that were in the hands of his father. Hence we are unable to agree with the High Court that the appellant had admitted that the properties covered by Ex B-6 were the acquisitions of his father. 9. There is no basis whatsoever for distinguishing the acquisitions under Exs. B-2 to B-5 and B-7 and B-6. They all stand on the same footing. The respondents have not challenged the finding of the trial Court and the High Court as regards the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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