Civil Procedure Code, 1908, Order 20, Rule 18 -- Hindu Law - Joint family property - Partition deed - Appellants have successfully rebutted the presumption of continuance of joint family and they have proved that suit property was partitioned long time back by metes and bounds - Each of the three holdings has its own area and contours - It is not just a case of mere..........
Civil Procedure Code, 1908, Order 20, Rule 1, 6 -- Decree for fixing boundary - Held, it takes within it the incidental rights of owner to put up a fence or boundary wall on the boundary so fixed by decree...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Defendant No.1 though a minor at the time of compromise entered into between "B" and defendant No.1, was represented by his mother - He never challenged said compromise within three years after attaining majority - Basing on the said compromise, Record of Rights has been prepared jointly in the name of..........
Civil Procedure Code, 1908, Order 20, Rule 21, Delhi Rent Control Act, 1958, Section 14(1)(e) -- Mesne profit - Tenant engaged landlord in litigation which prolonged for 18 years and enjoyed benefit of stay order - Held, tenant liable to pay all losses incurred by landlord - Rent Controller directed to conduct an enquiry and pass orders quantifying the amount...........
Civil Procedure Code, 1908, Order 41, Rule 22, Civil Procedure Code, 1908, Section , Order 20, Rule 12, Specific Relief Act, 1963, Section 16, 20 -- Agreement to sell - Suit for specific performance - Counter claim - Plaintiff put in possession two months prior to execution of agreement to sell - Possession of plaintiff at the time of entry was permissive but is that of..........
Civil Procedure Code, 1908, Order 20, Rule 5 -- Issues not adverted to at the time of hearing - Court cannot deal with the same...........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 18 -- Compromise decree - Partition suit - Compromise petition has been recorded and for payment of court fee and for passing final decree - Further, case was adjourned to various dates - Thereafter, suit was dismissed for default for no, payment of court fees - Legality of - Held,..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Compromise decree - Procedure to be followed - Held, once the parties have partitioned the properties among themselves and when compromise is recorded only remaining things to be done by Court is to pass a final decree - Only act to be done is to engross the..........
Civil Procedure Code, 1908, Order 20, Rule 18, Hindu Women's Right to Property Act, 1937, Section 3, 14 - - Partition - Suit land was owned and possessed by father of plaintiff who died leaving behind four widows including defendant - Defendant in view of provision of 1937 Act entitled to claim partition of 1/4 share - Having got decree of 1/4th share, she acquired title..........
Evidence Act, 1872, Section 114(g), Civil Procedure Code, 1908, Order 20 -- Fact stated in judgment as to what transpired at the hearing is conclusive of the facts so stated and no one can contradict such statements by affidavit or other evidence - If facts so stated are not correct then it is incumbent upon the party to call the attention of the very Judges, who have so..........
