Showing : 351-360 of 822 Results

DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d)-- Rejection of plaint - Suit for partition, possession and injunction - Predecessor-i, interest of plaintiffs had already received benefits under the Will of father of defendants therefore the claim of plaintiffs for partition of suit property is barred by principles of estoppel - Plaintiffs failed..........
PATNA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Partition suit - Suit property had already been partitioned between father of plaintiff and his brothers and they all were separated which is the findings also in earlier suit of partition - Findings by appellate Court in earlier suit will operate as res judicata in present suit -..........
PATNA HIGH COURT
Year of decision: 2014
Details
Hindu Law -- Partition - Separate property - Partition has already been effected about 40-43 years ago - After the death of father of plaintiff her mother became absolute owner of separate property left by her father - In the capacity of an absolute owner of suit property sale deed executed by her was valid..........
ORISSA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for partition and permanent injunction - By way of proposed amendment plaintiffs want to withdraw the admission already made in plaint and to introduce new facts regarding joint possession - From the inception plaintiffs have described that defendant No.1 is the adopted..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Limitation Act, 1963, Article 64, 65-- Adverse possession - Suit for partition - Suit properties are streedhana properties of deceased - According to custom only daughters succeed to streedhana properties exclusively - But sons of deceased came to be in continuous adverse possession for 50 years - Daughters lost their right to claim..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 5-- Customary form of marriage - Kudivaippu Marriage - Suit for partition - Under the Pristine Hindu Law, married daughters are not entitled to a share if their marriage was in Kudivaippu form after payment of streedhana to them at the time of their marriage - In the instant case, though defendants..........
GAUHATI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)(d)-- Withdrawal of suit - Suit for specific performance - Initially the claim of plaintiff was that suit land was owned and possessed by defendant exclusively - But in the application for withdrawal of suit plaintiff claimed that suit land is part of a bigger plot purchased in the names of plaintiff,..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Hindu Law -- Partition - Plaintiffs contended that suit property is Undivided Hindu joint Family Property while defendants contended that partition took place between father of defendant No.1 and husband of plaintiff No.1 under a registered partition deed - However, defendants failed to examine the attestors..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 38-- Co-sharer - Permanent injunction - Plaintiff in possession of suit property as co-sharer - A co-sharer in established possession can be dispossessed only during the course of partition i.e. by due course of law - Injunction granted, as it is not case of any one that plaintiff is using the land..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit - Without liberty to file afresh suit on the same cause of action - Partition suit - Fresh suit for partition by same plaintiff in respect of same subject matter is not barred U.O.23.R.1(3) CPC as cause of action for partition is recurring one...........

Showing : 351-360 of 822 Results