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Results of dismissed partition suit

Showing : 1-10 of 128 Results

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Partition suit -- Release deed executed by plaintiff - Plea that plaintiff was minor at that time - Onus was on plaintiff to prove that he was minor at the time of execution of release deed but he failed to prove his date of birth - Concurrent finding of fact that date of birth is not proved from School Leaving Certificate - Plaintiff has not pleaded any fraud and..........

MADRAS HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Partition suit - No issue as to no, joinder of necessary parties - Suit dismissed suit on other grounds - However, first appellate Court framed the issue regarding no, joinder of necessary parties and decreed the suit - Both the Courts therefore, failed to appreciate issue of no, joinder of..........

MADHYA PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Earlier suit for declaration and permanent injunction filed by plaintiff dismissed - Subsequent suit filed for partition on different cause of action - After death of mother of plaintiff, Will came into force and plaintiff is challenging the same and regarding same relief of declaration..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 38 -- Suit for permanent prohibitory injunction - Plaintiffs stated that they along with defendant and other co-sharers are joint owners in possession of suit land - However, admission made by DW4 and statements of PWs, defendant and other co-sharer nowhere suggest that suit land is still joint amongst parties - Rather, sale deed which..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Partition suit -- Property in question gifted by plaintiff to her step mother - Perusal of gift deed shows that what is sought to be gifted does not mention any lesser land than whole land - No part of land held back by plaintiff - Even translation of gift deed also shows that donee is deemed to be the owner in possession of complete land - Jamabandi was not done for half..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 96 -- Appeal - Partition suit - Defendant nos.3 to 5 specifically stated in their written statement that they are having 1/4th share in suit property - Suit dismissed - Defendants can be said to be aggrieved by judgment and decree passed by trial Court dismissing suit for partition - Appeal at the instance of defendants is maintainable -..........

CHHATTISGARH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervener - Joint Hindu Family Property - Alienation of undivided share by one of co-parcenar - Sale deed in question executed after institution of partition suit - S.52 of T.P Act will be applicable and right of purchaser is subject to outcome of litigation - Purchaser will get the property which comes in the..........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Transfer of Property Act, 1882, Section 122, Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 24 -- Gift - Photocopy of Gift Deed adduced into evidence and marked, as original Gift Deed was not available at time of adducing evidence - Defendant No.1 submitted Gift Deed on date of arguments - Held, according to Gift Deed Defendant No.1..........

MADRAS HIGH COURT

Year of decision: 2019
Details

Partition suit -- Without seeking cancellation of sale deed - Maintainability - Suit property transferred in the name of one of legal heir of original allottee/defendant No.1 as per Government order - Plaintiff/other legal heir not objected the said document at the time of allotment - Therefore, without avoiding such document, plaintiffs cannot seek mere partition - Suit..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - Plaintiff miserably failed to establish and prove intention of father to purchase suit properties for an on behalf of family which were purchased in the names of defendants - Transactions of purchase of suit properties in the names of defendants cannot be said to be benami in nature - Suit..........

Showing : 1-10 of 128 Results