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Results of co sharers

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Showing : 41-50 of 435 Results

MADHYA PRADESH HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Section 35 -- Costs - Suit for specific performance - Suit was filed in the year 2006 but at that time co-sharers of defendants were not made party to suit - They were made party in 2007 - Agreement to sell suggest that plaintiff shall pay an amount of Rs.35 lakhs to defendants who in turn purchased property from co-sharers or obtain consent..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Co-sharers -- Permanent injunction - Partition not effected in between co-sharers - Suit of plaintiff is barred u/s 41 Specific Relief Act as alternate remedy for filing suit for partition is available to plaintiff. (Specific Relief Act, 1963, Ss.38, 41)...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration - Without seeking relief of possession - Maintainability - Co-owners - Plaintiffs are co-sharers in suit property to the extent of 1/3rd share each - Every co-owner is deemed to be in joint possession of every inch of joint land even if same is in exclusive possession of one of co-owners - However, co-owner in..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Status quo - Co-sharers - Suit for separate possession - Suit for partition pending in between parties - It would be appropriate and in the interest of justice to ensure that parties continue with this position till final partition takes place and none of them is allowed to raise any sort of..........

MADRAS HIGH COURT

Year of decision: 2020
Details

Agreement to sell -- Specific performance - Vendors were co-sharer of suit property - Other co-sharers had no knowledge about agreement - Vendee aware of fact that vendors are not absolute owners of property - Vendee not taking any steps to perform his part of contract within time fixed for performing his part of contract - Fact of complaint against vendee regarding..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Land Acquisition Act, 1894, Section 30 -- Unacquired land - Apportionment u/s 30 of the Act - S.30 of the Act is confined to apportionment of acquired land - Status of co-sharers is to be seen viz-a-viz acquired land proper disbursement/apportionment of the compensation...........

TRIPURA HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Relinquishment deed in favour of plaintiffs - Two co-sharers have abandoned their right, title and interest relating to suit property in favour of plaintiffs by executing a relinquishment deed - No dispute raised by executors of relinquishment deed - In absence of any dispute raised by executors of..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Co-owner -- Suit filed by one of the co-owners - Plea of non joining of other co-sharers - One of the co-owners can file a suit in his own right and while doing so the consent of other co-owners is assumed as taken - This is purely an arrangement inter se the co-owners of which no third party can take advantage and it is no defence to a stranger to question the..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Restraining defendant/Gram Panchayat from interfering in possession of plaintiff or raising any construction and obstructing plaintiff from using land - Plaintiff along with all co-sharers had made joint request to Gram Panchayat for raising construction of Tharra and Gram Panchayat with its own funds..........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Mohammedan law -- Partial partition is permissible amongst Mohammedans, as under Mohammedan law heirs of deceased Muslim succeed to a definite fraction of every part of his estate - Muslim co-sharers are not obliged to file a general suit for partition of all properties in which they are interested and there is nothing to preclude one of them from seeking a portion of..........

Showing : 41-50 of 435 Results