Showing : 1-10 of 26 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Injunction - Co-sharer - Agricultural land - Defendant intended to construct - Proposed construction would change nature of agricultural land to gair mumkin land - Even if same ultimately comes to share of plaintiff after partition by that time, land would have been converted into gair mumkin and..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Agricultural land - Plaintiff claims to be owner of suit property on the basis of oral partition which took place between ancestors of parties - Defendants admitted said oral partition in family and its implementation - However, defendants failed to..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Title to agricultural land can only be determined by Revenue Court - Civil Court has no jurisdiction to determine the title of agricultural land - Even a suit for partition of agricultural land lies before revenue Court...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Hindu Law-- Suit for partition - Agriculture land already in possession of plaintiff as Khatedar at the time of institution of suit - No claim of defendants as to division of khatedari rights or mutation - Suit instituted for partition of haveli only - After accruing Khatedari rights, agricultural land would..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 54-- Partition - Final decree - Subject property not an estate assessed for payment of revenue to Government - S.54 CPC is with respect to agricultural land as governed by Delhi Land Reforms Act and Delhi Land Revenue Act and would have no application to subject property - Even otherwise, shares of..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Partition suit - Agricultural land - Civil Court has no jurisdiction to decide the real dispute between parties regrading agricultural land, as Revenue Court has to decide and declare the ownership of such property - Moreover, suit is barred by S.331 of U.P.Z.A. and..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 2(12)-- Mesne profits - Partition suit - Defendant is in settled possession of properties in question - Plaintiff who is aged person is residing somewhere else and has no intention to settle at the place where properties are situated - By way of final decree of possession in favour of plaintiff to the..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 11, Specific Relief Act, 1963, Section 34, 5-- Ownership - Res judicata - By order of Land Tribunal dated 27.11.1976, right of defendant No.4 had been recognized as a tenant in respect of land in question - He was declared to be a tenant and he got right in respect of suit land - Said order has already become final - Defendant No.4 executed a..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Injunction - Refusal - Plaintiff has neither pleaded nor shown that he was exercising any ownership right on the land by cultivating it or otherwise - He did not make any effort to get the share partitioned by meets and bounds - Plaintiff waited and watched defendants to use property to file a..........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Partition suit of residential house - By way of amendment alternative prayer for partition of agricultural land also sought - Change of very nature of suit - Cannot be permitted - Amendment wrongly allowed by trial court - Set aside...........

Showing : 1-10 of 26 Results