Showing : 61-70 of 96 Results

SUPREME COURT OF INDIA
Year of decision: 2006
Details
Adverse possession-- Co-sharer - Notice issued in 1955 claiming partition of property - However, suit filed in the year 1979 - Held, in order to oust one of the co-sharers only on the basis of the so called notice cannot be deemed to be sufficient to come to a conclusion of adverse possession or extinguishing her..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Adverse Possession-- Joint property - Suit by widow for partition and separate possession of properties left by her husband - Step sons claiming ownership by way of adverse possession hostile to interest of widow - Plantiff held to be legally married wife - Right to claim partition and share in property made out -..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Partition-- Nature of property - Burden of proof -Suit for partition and determination of share and possession - Initial burden on the plaintiff to show that entire property was Joint Hindu Family Property - After initial discharge of burden, defendant to show that property claimed by them was not purchased..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 47, Order 23, Rule 1-- Suit for permanent injunction - Compromise - Decree passed on the basis of terms of settlement - Mutation refused by Revenue Authorities on the ground that by consent decree, right, title and interest of respondent is not declared - Second suit for declaration - Not maintainable in view of S.47..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Consent decree in suit for permanent injunction - Nature of - Suit for injunction - Settlement arrived at by & between parties - Reduced in writing - Decree passed on the basis of terms of settlement - Consent decree for all intent & purpose, a preliminary decree passed in a suit for partition -..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Hindu Succession Act, 1956, Section 6-Explanation 1 (As it stood prior, Amendment Act of 2005) - Devolution of interest in co-parcenary property - Ancestral property - Father and son constituted a Mitakshara co-parcenary - Death of father - Suit by two daughters for partition of properties claiming 2/3 share - Devolution of undevided..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Rendition of accounts-- Right of - Available only when relationship between the parties is such that the rendition of accounts is the only relief which will enable the plaintiff to satisfactorily assert his legal right - It is available to a partner of a firm for dissolution of partnership firm and accounts, suit by..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Rent and Eviction-- Partition suit amongst co-sharers - Tenant, if made party in the partition suit, can object to partition if it is shown that the same was not bona fide and made with an oblique motive to overcome the rigors of rent control laws which protected eviction of tenant except on grounds set out in the..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Agreement to sell-- Suit for specific performance - Decree of partition and separate possession of property - Can be granted in addition to decree of specific performance. (Specific Relief Act, 1963, S.22(1)(a)...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Agreement to sell-- Suit for specific performance - Relief in terms of S.22 Specific Relief Act incidental or ancillary to main relief of specific performance and in addition thereto - Ordinarily, proceeding for final decree for partition to be initiated after execution and registration of sale deed and not vice..........

Showing : 61-70 of 96 Results