Showing : 21-30 of 242 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 13-- Readiness and willingness - Suit for recovery of earnest money - Allegedly, original owners were also not exclusive owners of specific khasra numbers which defendant agreed to sell - Even, they were also recorded to be owner of only share in joint holding with their co-sharers - Therefore, without..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 38, 39-- Co-shares - Suit for permanent and mandatory injunction - Restraining defendant/co-sharer from raising construction on suit land and also from blocking path - Joint land - Suit land is recorded as Abadi deh and jointly owned and possessed inter se parties - Evidence on record proved that defendant..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 6-- Co-sharer - Suit for recovery of possession - A co-sharer without being in exclusive possession cannot oust other co-sharer from enjoyment of property as all co-sharers are deemed to be in possession over every inch of land...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Co-sharers - Oral Family settlement - As a consequence thereof exclusive possessive over suit property duly pleaded and proved by plaintiff by examining more than one witness - Defendants could not bring on record any contrary evidence - Suit of plaintiff rightly decreed...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Hindu Law-- Joint Family Property - Sale of Demarcated portion of joint land by one of co-sharer in favour of stranger - Does not amount to partition, as other co-sharers did not join expressing their consent for transferring the same - By purchasing the said undivided portion of joint land, stranger at the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Punjab Land Revenue Act, 1887, Section 111-- Partition - Application for partition can be filed in respect of more than one khewat and can be entertained by Assistant Collector, provided that co-sharers in different khewats are same - If co-sharers are different in different khewats, then separate applications have to be filed because..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Punjab Land Revenue Act, 1887, Section 111, Civil Procedure Code, 1908, Order 1, Rule 10-- Partition - Necessary party - Partition proceedings have been carried out without impleading all co-sharers which suffers from vice and even this aspect of matter has not been seen before passing order by Financial Commissioner - Order set aside...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Co-sharer-- Concept of co-sharer is akin to one of co-owner which vests in both an equal right to the same property - Both the co-sharers being holders of equal share to the same property, apportionment thereof and division of the property can only be by means of a partition - Right to seek such a partition,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)-- Jumla Mushtarka Malkana Hasb Rasd Khewatwar - Land in dispute was recorded in revenue record as Jumla Mushtarka Malkan Hasab Rasad Arazi Khewat - Defendants-plaintiff being bonafide purchasers, became co-sharers in Jumla Mushtarka Malkan and were put in possession by their vendors - Appellants..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Specific Relief Act, 1963, Section 37, 38-- Injunction - Co-sharers - Absence of pleading of exclusive possession or permissive possession - Absence of pleading of permissive possession or that by conduct of parties intention to separate was revealed long ago and put into effect and that it was this intention which formed the basis of..........

Showing : 21-30 of 242 Results