Showing : 111-120 of 1381 Results

KERALA HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 11-- Restriction repugnant to interest created - Partition deed - Condition of inalienability - Imposition of condition cannot be treated as one for beneficial enjoyment of any property included in the partition deed, but only for personal need of surviving members of family - Second part of S.11 of..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2(3)-- Omission to sue - Leave of Court - Simplictor suit for injunction filed by reserving right to subsequent suit for partition - Explanation to that effect given by plaintiff - Trial Court should consider said explanation only - However, trial Court by dismissing application traveled beyond scope of..........
DELHI HIGH COURT
Year of decision: 2018
Details
Partition suit-- Hindu U, divided Family (HUF) - Plaintiff was 18 years of age when suit plot was purchased - No documentary evidence on record to prove that plaintiff ever contributed for purchase of property, which is admittedly purchased by defendant no.2 from DDA - Mere oral testimonies cannot mean discharge..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interlocutory injunction - Partition suit - Defendants recognized as joint owners of suit property in a compromise decree passed in previous partition suit between defendant's father's family - No challenge made to compromise decree in previous partition suit - Defendants herein are absolute..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Hindu Law-- Partition - Claim by daughters - Plea of defendants of ancestral property - However, no evidence that properties were ancestral - Plaintiff daughters jointly entitled to 2/5th share in properties...........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Death of defendants - Partition suit - If cause of action is joint and inseparable, entire suit or appeal abates if Lrs of deceased party are not brought on record...........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Partition-- Joint family property - Right of widow to claim partition - Defendants asserted that plaintiff widow deserted her husband and therefore she lost her right to claim partition - However, reason why plaintiff left the house is not forthcoming in evidence of defendants - Evidence on record shows that..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Restraining alienation of property - No documents filed by plaintiff for showing any of the items are the properties acquired in the name of plaintiff and nothing even showing any property a joint family property - Order granting injunction set aside - However, any..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47-- Execution - Partition decree - Objection by transferee pendente lite - Appellant purchased the property during pendency of suit but prior to any preliminary decree being passed therein - However, appellant took no steps to apply to be impleaded in suit - Since appellant has purchased a share of a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 13-- Readiness and willingness - Suit for recovery of earnest money - Allegedly, original owners were also not exclusive owners of specific khasra numbers which defendant agreed to sell - Even, they were also recorded to be owner of only share in joint holding with their co-sharers - Therefore, without..........

Showing : 111-120 of 1381 Results