Transfer of Property Act, 1882, Section 44, 55(6) -- Transfer by one co-owner - Outsider who has purchased share of co-sharer in an undivided estate can seek possession of his share only through partition by amicable mutual settlement by metes and bounds or through a decree of Court - Possession of outsider/purchaser over disputed premises is thus, illegal and without..........
Police protection -- Claimed by daughter in law restraining father-in-law and his relatives not to evict her forcibly from matrimonial home - Action of police in helping daughter-in-law with one year child in her lap in getting inside the house when exposure of cold could have proved fatal to infant cannot be said to be illegal, arbitrary or unjust - Whether or not..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused being Patwari demanded Rs.350 for expenses incurred on preparation of documents for partition - He was not demanding money as bribe - Statements of PWs disbelieved by Court - Receiving of Rs.350 and recovery thereof ipso facto is not sufficient proof of demand - Prosecution..........
Mahomedan Law -- Gift (Hiba) of property by father to his minor son - Mother acted guardian of minor - Validity of gift - When a father who is given the first preference to act as guardian, himself become donor in respect of property to his minor son then mother can accept the gift on behalf of minor - Acceptance of gift by mother in such situation, was not illegal or..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Suit for partition - Sale deed executed by defendant alleged to be illegal, null and void but no prayer made for setting aside said sale deed - Unless sale deed is set aside, no cause of action for partition arises in favour of plaintiff - Plaint is liable to be rejected as there is..........
Partition -- Once, it is proved that partition proceedings were carried out at the back of plaintiff, then, partition proceedings as such are illegal and not binding on it - In that eventuality, land in dispute will be deemed to be a joint property of the parties and every co-sharer would be deemed to be in possession of every inch of land - In case, any co-sharer has..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Possession - Co-owner in possession - Subsequent purchaser dispossessed co-owner in possession without partition by metes and bounds - When possession is unlawful, illegal and unauthorized then it is no possession in the eye of law - Injunction granted in favour of co-owner...........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116 -- Partition - Violation of mode of partition - Naksha `B' drawn up - Objections called - Petitioner proceeded exparte - Partition finalized - Appeal and Revision dismissed by Collector & Commissioner, respectively, holding that there is no violation of mode of partition & proceedings atained finality with..........
Constitution of India, 1950, Article 142 -- Exercise of jurisdiction to do complete justice to the parties - Suit for partition - Preliminary decree passed - Auction of property without drawing final decree - Auction sale illegal - Possession not delivered to auction purchaser - Appellant directed to deposit Rs. 18 lacs and interest @ 9% p.a. as compensation to auction..........
Civil Procedure Code, 1908, Section 96 -- Appeal against decree for specific performance - Finding of fact - Arrived at without proper appreciation of evidence - Specific plea of vendor regarding no partition - Vendor disputing plea of vendees as to division of joint properties - Parties to present suit were not same as in earlier suit - Subject matter of suit property was..........
