Showing : 551-560 of 1557 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Partition suit - Irreparable loss - Determination of - Held, a person, who remained in possession of the house in dispute for a period of more than 20 years and the settlement between the parties was reduced into writing and subsequently, after passing of such a long..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Co-owner -- Invasion on the right of co-sharer by other co-sharer - Co-owner is not entitled to injunction who sold a specific portion of the land by giving Khasra numbers, measurement of the boundaries and boundaries in the registered sale deed by asserting that there was no partition and that defendants..........
DELHI HIGH COURT
Year of decision: 2012
Details
Hindu Law -- HUF - Partition - An agreement between the members of a joint family to hold and enjoy the property in defined shares, as separate owners, operates as partition, although there may have been no actual partition by metes and bounds...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Co-sharers -- Separate possession of co-sharers - Does not mean that there was partition amongst the co-sharers - It may depict mutual arrangement for proper user of the land till partition is effected - Such arrangement for user of the joint land does not amount to partition thereof in absence of some document..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Hindu Succession Act, 1956, Section 23(Omitted- - Dwelling house of Hindu intestate - Right of a married daughter in view of the restriction for partition of dwelling house - When third person is residing in such a house it loses its character as a dwelling house and thus property can be subjected to partition and can be demanded by a female..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Co-sharer - Alienation - A co-sharer in exclusive possession of part of the joint property is entitled to deliver possession thereof to his alienee but the alienation, even of the specific portion, would be deemed to be alienation of share of joint property and would be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Court Fees Act, 1870, Article 17(vi)-- Partition suit - Joint possession - Payment of Court fee - Sufficient averment in plaint regarding plaintiff's joint possession - Held, Court fee ought to have been only on fixed basis in manner contemplated u/Art.17(vi) of Court Fee Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 1, Constitution of India, 1950, Article 226-- Partition proceedings - Writ petition - Maintainability - Held, once the petitioners had invoked the alternative remedy of filing a civil suit to challenge the instrument of partition, they can not be heard in a writ petition once they had not succeeded in Civil Court and permitted to withdraw the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Punjab Land Revenue Act, 1887, Section 117-- Partition proceedings - Abeyance of - Claim of petitioner is based on an agreement to sell - Suit for specific performance is pending where respondent No.3 has been restrained from alienating suit property - Said suit was filed in year 2008 and is yet to be decided - Both parties are recorded as..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 113-- Mortgage - Redemption - Joint Family Property - Entire mortgaged property redeemed by one co-sharer/co-mortgagor by paying full amount of mortgage money - Right of no, redeeming co-mortgagor remains for partition of the suit property to get his share in the suit property - Once the property is..........

Showing : 551-560 of 1557 Results