Showing : 11-20 of 96 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 97, Order 7, Rule 7-- Preliminary decree of partition - Correctness of preliminary decree cannot be challenged in final decree proceeding when no appeal was preferred by defendant against preliminary decree - However, issue as to boundaries and description of suit properties consistently and sufficiently averred by..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Partition suit-- Agreement to sell in favour of intending purchasers - Appellants being intending purchasers claiming interest in suit land from original holders of suit land - However, original holders have no subsisting right, title and interest in suit land, as whatever rights, title and interest they had, same..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 17-- Jurisdiction of civil Court - Civil suit for partition - Not maintainable when proceedings under SARFAESI Act had been initiated - Remedy against initiating proceedings under SARFAESI Act lies u/s 17 which provides for an efficacious and adequate remedy to a party aggrieved - Impugned order..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Partition-- Sketch map of suit property - It is not possible to give effect to partition decree without sketch map of suit scheduled property...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Partition-- Sketch map of suit property - Plaintiff sought partition of suit property in terms of plan produced by him - As such, plaintiff cannot be permitted to say that map produced was not the map filed by him - Court at the time of passing decree should have made said map as a part of decree so that..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Registration Act, 1908, Section 17, 49-- U, registered document - Admissibility - Partition suit - An unregistered document can be relied upon in partition suit for collateral purpose i.e severancy of title, nature of possession of various shares but not for primary purpose i.e division of joint properties by metes and bounds...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Hindu Succession Act, 1956, Section 6(as-- Coparcenary property - Partition suit - Right of daughters - Suit filed in 2002 - However, during pendency of suit, S.6 of the Act amended, as decree passed in the year 2007 - Rights of daughters got crystallized in the year 2005 - Since deceased died leaving behind two sons, two daughters and a..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Agricultural land - Plaintiff claims to be owner of suit property on the basis of oral partition which took place between ancestors of parties - Defendants admitted said oral partition in family and its implementation - However, defendants failed to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Non-framing of substantial question of law - Partition suit - Held, having regard to nature of controversy and issues involved regarding ownership based on interpretation of documents, questions did constitute substantial questions of law - High Court unfortunately did not examine..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Partition suit-- Deceased had made the arrangement with regard to his property during his lifetime - Said arrangements had been subsequently recorded in Memorandum of partition, which was duly acted upon by revenue authorities - Suit property which had been divided by deceased was in occupation of respective..........

Showing : 11-20 of 96 Results