Showing : 1-10 of 251 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Co-sharer - No injunction can be granted against other co-sharers unless and until plaintiff is proved to be in exclusive possession of suit property to the ouster of other co-sharers - In such circumstances, plea taken in plaint has to be appreciated - Ouster has to be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Co-sharer -- Sale of property by one co-owners - Purchaser put in possession of a specific portion - Raising of construction by purchaser - Suit for injunction does not lie - Remedy is to file suit for partition - Sale of land by a co-sharer of property which is in his exclusive possession is subject to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Co-sharers -- Possession of one co-sharer is possession of all co-sharers unless ouster is proved...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 37, 38-- Permanent injunction - Co-sharer - A co-sharer in exclusive possession of part of joint land is entitled to protect his possession by filing suit for injunction against other co-sharer - Till partition defendant cannot interfere in the possession of plaintiff illegally and forcibly, except in due..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - Co-sharer in joint possession - Restraint order that without seeking partition, parties not to alienate, mortgage and raise construction - If one of the parties/co-sharer is granted liberty to raise construction, it would create multifariousness, much less, create impediments and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Maintainability - Relief of possession not claimed - Suit for declaration with consequential relief of joint possession is maintainable, as plaintiffs were co-sharer and relief of specific possession cannot be ordered by Court in these proceedings...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Injunction - Co-sharer in joint possession in normal circumstances cannot seek injunction against other co-sharer - Even if, a co-sharer is in exclusive possession, other co-sharer, who is in possession of property cannot use property to detrimental to other co-sharers so as to render property..........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Family settlement-- Hindu Joint Family Property - Once there was a family settlement and property was divided through compromise, which was recognized in a civil Court decree, no doubt was left that property is exclusive property of co-sharer - Property does not continue to be Hindu Joint family coparcenary property...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Court Fees Act, 1870, Section 7(iv)(C)-- Suit for possession and alternatively for joint possession and declaration that sale deed executed by his co-sharers is illegal - Neither plaintiff not any of alleged co-sharer in possession of suit property - Plaintiff rightly directed to pay ad valorem Court fee...........

Showing : 1-10 of 251 Results