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Results of partition suit

Showing : 311-320 of 875 Results

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Partition suit - Defendant No.3 stated that suit property was purchased by him in the name of his mother as trustee, not put forth in pleading - Defence of defendant No.3 does not fall within exception of S.4(3)(b) of Benami Act and thus, barred by law under said Act - Once defence is barred by law,..........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Partition suit -- Joint Hindu Family property - Plea of limitation - Where properties were joint Hindu Family properties and defendant No.3 claiming some share in the properties on the basis of adoption, which is void, he could not defend the matter by saying that suit was not within limitation from the date of adoption - Suit, held, not barred by limitation...........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Partition suit -- Joint Hindu Family property - Defendants contended that partition of suit property was already affected and defendant No.3 has a share on the basis of adoption by plaintiff No.1 - However, said adoption deed is void - Even said partition as alleged by defendants is also not proved on record - On the contrary plaintiff proved on record their share in suit..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Specific Relief Act, 1963, Section 38 -- Co-sharer - Injunction - Can be granted to restrain further construction over suit property during pendency of partition proceedings...........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Partition suit - Plaint does not disclose the cause of action as required by law - Plaintiff claims that two suit properties were purchased out of ancestral properties - However, plaintiff failed to plead and give the necessary particulars and a cause of action as to what and where these properties were - Moreover,..........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Expression `discloses a cause of action' pertains to existence of only of sufficient pleading with respect to existence of Hindu Undivided Family and its properties...........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Filed by minor through his mother - Facts of case show that there is unnecessary harassment of plaintiff - Till date written stamen is not filed by defendants - What is the extent of Hindu Undivided Family (HUF) properties and its various businesses are all question of fact which only..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Partition suit - Agricultural land - Civil Court has no jurisdiction to decide the real dispute between parties regrading agricultural land, as Revenue Court has to decide and declare the ownership of such property - Moreover, suit is barred by S.331 of U.P.Z.A. and L.R. Act - Suit rightly dismissed...........

KARNATAKA HIGH COURT

Year of decision: 2016
Details

Evidence Act, 1872, Section 118 -- Power of attorney holder - Registered sale deed 30 years old - Proof of - Partition suit - PW1 attorney holder, deposed on the basis of registered sale deed, which shows that property purchase in the joint names of plaintiff and his brother - He has not deposed anything hearsay or personal - No evidence is adduced by defendant - Case of..........

ORISSA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 18, Rule 1, 2 -- Right to begin - Partition suit - Plea of defendant of previous partition - Burden is on defendants to prove previous partition - Only when defendants lead some evidence in proof of previous partition, plaintiff would be obliged to lead evidence in rebuttal - Application of plaintiff for a direction to defendant to begin..........

Showing : 311-320 of 875 Results