Showing : 1-10 of 18 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Co-sharer - No injunction can be granted against other co-sharers unless and until plaintiff is proved to be in exclusive possession of suit property to the ouster of other co-sharers - In such circumstances, plea taken in plaint has to be appreciated - Ouster has to be..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Partition suit -- Plea of ouster - Defendant claims exclusive right over suit property by plea of ouster - However, documents produced by defendant have not disclosed his absolute ownership over suit property - Documents relied upon by defendant were not executed with knowledge of mother of plaintiffs and further..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Barred by limitation - Partition suit - Question of limitation is a mixed question of law and fact - Plaint for partition cannot be thrown out on the ground of limitation, as question of ouster etc., are all to be decided only with reference to facts pleaded and evidence..........
DELHI HIGH COURT
Year of decision: 2016
Details
Court Fees Act, 1870, Section 7-- Ad valorem Court fees - Partition suit - Plaintiff continues to be joint owner of suit properties - There is no averment in plaint to suggest ouster or exclusion - Since plaintiff is in constructive possession of suit properties, therefore, she is not entitled to pay ad valorem Court fee...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Partition suit-- Defence of ouster - Ouster is a weak defence in a suit for partition of family property - It is strong if defendant is able to establish consistent and open assertion of denial of title, long and uninterrupted possession and exercise of right of exclusive ownership openly and to the knowledge of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Limitation Act, 1963, Article 64, 65-- Adverse possession - Suit for partition - Suit properties are streedhana properties of deceased - According to custom only daughters succeed to streedhana properties exclusively - But sons of deceased came to be in continuous adverse possession for 50 years - Daughters lost their right to claim..........
DELHI HIGH COURT
Year of decision: 2014
Details
Court Fees Act, 1870, Section 7(iv)(b), Article 17(vi)-- Court fee - Suit for partition - Co-owners - Unless ouster is pleaded, co-owners would be deemed to be in joint possession of a joint property and in a suit seeking partition court fee of Rs.19.50 has to be affixed and not with reference to value of property with reference to share of parties to..........
KERALA HIGH COURT
Year of decision: 2012
Details
Kerala Court Fees and Suits Valuation Act, 1960, Section 37(2)-- Suit for partition - Court fees - Specific averment in plaint was that plaintiff was in joint possession of suit property with other co-shares - Ouster or exclusion from possession not shown - Plaintiff not liable to pay ad valorem court fee under S.37(1) - Payment of fix Court fees under S.37(2),..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Tamil Naidu Court Fees and Suits Valuation Act, 1955, Section 37(2)-- Partition suit - Valuation thereof - Plaintiff has admitted that suit property is in possession of defendant - However, claims that possession of plaintiff shall be deemed to be possession of defendant also as they are co-owners - Held, plaintiff being a co-owner is entitled to value relief for..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 144-- Simple suit for partition - Witnesses have stated that plaintiff was in possession - There is neither any pleading of ouster nor there is any evidence in support of the ouster - Held, right to sue for partition is recurring right - No limitation is applicable nor cause of action will cease after..........

Showing : 1-10 of 18 Results