Showing : 71-80 of 144 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 89, 90, 99-- Suit for possession by way of partition - Preliminary decree for partition passed - Final decree applied for - Local Commissioner appointed to suggest mode of partition - Objections filed by one defendant - Dismissed - Son of said defendant filed objections contending that he being tenant in..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Partition Act, 1893, Section 2, 6, 7-- Sale by way of auction in execution of a decree for partition - Violation of provisions of sec. 6 - Effect - Suit for partition - Preliminary decree passed - Local Commissioner submitted report that property not capable of partition by metes and bounds, requires auction - Property auctioned -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Partition-- Protection of possession of tenant - Suit for partition of joint house - One portion in possession of tenant - Preliminary decree passed - DH filed application for execution - Objection by tenant - Dismissed by one of the co-sharer that he cannot be evicted in execution of decree - Held - Tenant..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 11-- Resjudicata - Subsequent suit for partition - Suit for partition of Joint Hindu Family Property - Arbitrator/Referee appointed by the parties - Award passed - Accepted by parties - Suit decreed in terms of award - Decree not drawn up as stamp papers were not filed by the parties - Second suit for..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Partition-- Second Suit for partition - Maintainability - Party to a partition suit guilty of any conduct amounting to fraud which would render the previous partition ineffective & invalid - Subsequent suit for partition maintainable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 11-- Specific issue framed regarding title in the earlier suit for permanent injunction - Question of title decided - Subsequent suit for possession by way of partition - Decreed relying on judgment of earlier suit - Finding on title in earlier suit rightly relied by Court below...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Defendant claiming possession on basis of land purchased by him - Sale of undivided share in joint property - Sale cannot confer any right to claim actual physical possession - Can seek partition of joint land - Rightly restrained from interfering in peaceful possession of plantiff over suit..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction after partition of land among co-sharers - Land finally partitioned by AC Ist - Suit for permanent injunction restraining from raising construction over partitioned land - After partition of land by a valid order, land not joint - No injunction can be granted restraining..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Necessary Party - Declaration regarding civil death - Suit for partition against a person who is missing for more than 7 years - Impleading as party to suit claimed on the basis of Will executed by said person - Execution of Will denied by legal heirs of said person - Till the Civil Court declares..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Agreement to sell-- Specific performance - Co-sharer - Sale of specific khasra numbers - On sale plaintiff steps into shoes of defendant and becomes co-sharer and does not become owner exclusively for the specific khasra numbers sold - Specific area and khasra numbers have to be decided only in partition proceedings..........

Showing : 71-80 of 144 Results