Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-owners - Injunction - Law is not rigid that in no case injunction can be granted against co-owner - Injunction can be granted at the instance of one co-owner against another co-owner : (a) If one co-owner prevents the other from enjoying the common property, the affected co-owner can certainly approach the Court for..........
Family settlement -- Suit for declaration - Plaintiff alleges that written compromise executed between parties in which defendant has to leave his part of land in favour of plaintiff - However, no reasonable cause has been given in the said document as to why he is leaving the land in favour of plaintiffs - It is not a valid agreement for want of consideration, as no..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - When compromise is incomplete and bad for non-joinder of all the sharers, Court will have no other option, but to proceed with suit or appeal, as the case may be by rejecting compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - Mere fact that one of sharers remained ex parte does not itself empower or authorize remaining parties to suit for partition to conclude the suit by entering into a compromise, without his/her juncture...........
Partition -- Suit for partition - Cannot be maintained unless all the sharers are made parties to proceedings - Same principle is applicable to in the matter of a decree that can be passed based on a compromise of dispute involved in a partition suit...........
Specific Relief Act, 1963, Section 34, Proviso -- Suit for declaration without seeking relief of possession - Maintainability - Parties succeeded to property jointly after death of deceased - They are co-sharers - Every co-sharer is deemed to be in possession of every part of joint property - Plaintiff can pray for delivery of actual physical possession in a partition..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Co-sharers - Restraining defendants from raising construction on joint land till the same was partitioned - Construction raised by other co-sharers was never objected to by plaintiff - Plaintiffs have not been able to demonstrate that either prima facie case or balance of convenience is in their favour..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Co-sharers - Land in question belongs to Gram Panchayat, which has not been impleaded as party - Injunction sought against co-sharers on the strength of an entry made in the Bahi in the year 1991 at a belated stage after 10 years - Possession is also stated to be of year 1960 and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiffs and defendants are co-sharers in suit property - Both the parties have relied on certain documents to establish their possession - Plaintiff neither pleaded nor established that he is in exclusive possession of suit property - Moreover, interest of plaintiff is adequately..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Law as to grant of ad interim injunction : Joint ownership and absence of consent of co-owner(s) is definitely a relevant fact to be considered for granting stay in suit filed by a co-owner but it cannot be a straitjacket formula to grant stay in each and every case - Moreover,..........
