Showing : 71-80 of 113 Results

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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Specific Relief Act, 1963, Section 34-- Simplicitor suit for declaration by Co-owner/Co-sharer - Maintainability - Suit for declaration claiming = share in land, challenging mutation and subsequent revenue entries - Suit land agricultural in nature - Civil Court not competent to deliver actual physical possession - Revenue Court alone..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Co-sharer-- Suit for permanent injunction - Dispute as to user of tubewell - Tubewell in the name of defendant - Defendant claiming exclusive right and possession over tubewell on account of oral partition - Land jointly owned by parties - No proof of oral partition - Tubewell joint property of co-sharers...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Punjab Pre-emption Act, 1913, Section 15(1)-- Co-sharer - Preferential right to pre-empt - Suit for possession by way of per-emption - Private partition affected between the parties - Plaintiff not a co-sharer on the date of sale of land - Not entitled to decree of pre-emption...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Specific Relief Act, 1963, Section 37-- Suit for permanent injunction - Interference in possession - Land belonging to the proprietors of the village - Plaintiff in exclusive and peaceful possession over the suit land - Admitted ownership of the defendants - Plaintiff also one of the proprietor - Proprietors of village could seek..........

Showing : 71-80 of 113 Results