-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO.469 OF 2007 APPEAL NO.469 OF 2007 APPEAL NO.469 OF 2007 Jaising Sidhu Chechar ...Appellant vs. Anandi Jaysing Chechar & Ors. ...Respondents Ms J.P.Akolkar for the Appellant CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : JANUARY 18,2008 : JANUARY 18,2008 : JANUARY 18,2008 P.C.: P.C.: P.C.: 1. Heard learned Advocate for the Appellant. The Appellant is the defendant No.5. The first Respondent is the wife of the Appellant. The second to fourth Respondents are the children of the Appellant. The fifth Respondent is the father of the Appellant and the respondents No. 6 to 8 are the real brothers of the Appellant. A suit for partition was filed by the Respondent Nos.1 to 4. The contention of the Appellant and the Respondent nos.5 to 8 in the written statement was that out of the suit properties, two lands were self acquired properties of one of the brothers of the Appellant and partition of joint family has already been effected on 29th April 1993. It was contended that the Appellant had transferred his interest in favour of his brothers. The trial court decreed the suit and the Appellate Court has modified the decree by altering the shares of the parties. 2. After having heard the learned Advocate for the Appellant, -2- I find that no substantial question of law arises. The finding is that the Appellants and none of the defendants have led any evidence and have not entered the witness box. The burden to prove the partition was on the Appellant and his brothers. However, no evidence was led by the Appellant and his brothers. Therefore, the Appellate Court has rightly held that the Appellant and his three brothers along with their father were having 1/5th share each in the joint family properties and in the 1/5th share of the Appellant, the Respondent Nos.1 to 4 were having 1/5th share each . Thus, the Respondent Nos.1 to 4 will get 1/25th share each in the suit property and the Appellant will get 1/25th share. In absence of any evidence led by the Appellant, no fault can be found with the decree passed by the Appellate Court. No substantial question of law arises. Second Appeal is dismissed with no order as to costs. JUDGE JUDGE JUDGE