Joint property -- Property purchased by unauthorized encroacher from some of co-sharers during pendency of suit - An unauthorized encroacher cannot be permitted to defeat right of a co-owner for possession merely by purchasing an undivided share in property during pendency of suit...........
Joint property -- Purchases of undivided share - Subsequent purchaser in a joint khata steps into shoes of his or her vendor - He at the most becomes co-owner with existing co-sharers - If someone has purchased undivided share in joint khata, only remedy for him is to file a suit for partition and thereafter claim possession unless he is able to prove that he was put in..........
Transfer of Property Act, 1882, Section 106 -- Notice for eviction - Validity - Plaintiff purchased suit property and defendant not denied his tenancy over suit property - Defendant objected only to the extent that co-sharer of suit property was not a party - However, said co-sharer never raised any objection in respect of sale of suit in favour of plaintiff and as such..........
Indian Penal Code, 1860, Section 307, 324 -- Nature of offence - Injuries sustained by injured witnesses were not grievous in nature and cannot be considered to be dangerous to their lives - Parties were co-sharers and there was no previous enmity - Accused not having any motive to cause death of any of three victims - Injuries were caused from distance space - Possibility..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At belated stage - Suit for declaration and partition - Addition of co-sharers - Defendant seeking to introduce existence of co-sharer in said property, who never found place in original written statement - Amendment cannot be allowed...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue regarding whether parties are co-owners/co-sharers or not is decided against plaintiffs in previous suit for permanent injunction - In previous judgment as well as in present litigation, there is proceedings for partition of property before competent authority and Court recorded finding in previous judgment..........
Co-sharers -- Plea of ouster by one co-sharer against other - Mutation in revenue records in the name of one co-sharer would not amount to ouster unless there is a clear declaration that title of other co-sharers was denied...........
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 unfit for use in case such..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Suit for bare injunction against co-owners not maintainable - If at all plaintiff is entitled to suit property as such only remedy available to plaintiff is to seek appropriate legal redressal by seeking relief of partition...........
Revenue record -- Proof of tenancy on the basis of revenue entries - Revenue record carries presumption of truth - However, such presumption is rebuttable presumption and in the instant case in view of the admission made by plaintiff presumption stood rebutted as it is not established as to who inducted plaintiff as a tenant in the land and there is vague statement that..........
