Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Restraining another co-sharer from raising construction over superior and valuable portion of the suit property without getting the same partitioned - Held, plaintiff a co-sharer is entitled to protect the suit land to ensure that the nature of suit land is not changed by another co-sharer - Proceedings for..........
Partition Act, 1893, Section 4 -- Right of co-sharer under Section 4 of the Act - Available only if transferee files a suit for partition...........
Partition Act, 1893, Section 4 -- Right of co-sharer to purchase the share sold to an outsider - The provision does not give right to a co-sharer to purchase the share sold to an outsider any time he/she wants - The condition is that the outsider must sue for partition - So long as the stranger/purchaser does not seek actual division and possession, either in the suit or..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 1 -- A written statement of a sharer in a partition suit is deemed as a plaint...........
Punjab Land Revenue Act, Section 111,112,113,114,115,116,117,118 -- Partition of joint land - Whether land on which Khal now in existence to be allotted to plaintiff - co-sharer in exclusive possession of land where Khal situated or to some other co-sharer - Matter to be decided only in partition proceedings while adjusting equities between the parties - Any observations..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction against co - sharer from raising construction over land in his exclusive possession when partition had not taken place - Raising of construction on old Chhappar within Gher constructed about 20 years back and which had fallen down - Not to be injuncted - Plea that since parties were joint owners in possession..........
Partition Act, 1893, Section 4 -- Partition - Joint Family Property - No finding regarding previous partition by metes and bounds between co-sharers - Suit for partition by one co-sharer - Dismissal on ground of prescription of title by adverse possession by other co-sharer - Illegal...........
Partition Act, 1893, Section 2 -- Sale instead of division - Where suit property cannot conveniently and equitably be divided between the parties to suit in view of nature and extent of property, Court may allot such item to one co - sharer and direct him to pay the value of the share of other co - sharer in money - Where such course is not possible, Court can direct..........
Partition Act, 1893, Section 4 -- Suit for partition - Title of appellant as co-sharer denied by other shareholders - Appellant claiming purchase of share in said property as successor-in-interest of `A' who had purchased same in Court-sale - Sale certificate issued by Court and entry in register of Court proving title of `A' - Appellant thereby is co-owner with..........
Hindu Law -- Joint Family Property - Partition - Proof - Mere separate living in same house by co - sharers - No proof of family settlement - Suit seeking partition by co - sharer, is maintainable...........
