Partition -- Preliminary decree - Challenged by purchaser from one of the co-sharers that his rights are adversely affected as he has spent huge amount in raising construction - Appeal was dismissed but a direction was issued to demolish the construction on the suit plot forthwith - Demolition of already constructed buildings may not be in the interest of any of the..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Challenged by third party - Preliminary decree was contested by appellant only who claimed that defendant No.2 had transferred his share to him and he has spent huge amount in raising construction on the plot - Admittedly, there was no challenge to the same by any of co-sharers of..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plea of adverse possession and title - Defendant admitted the ownership of father of plaintiff - Plaintiff became one of co-owners along with his brothers after demise of his father - Deed of partition pleaded by defendant not proved - Two alternative pleas of adverse possession and title was sought..........
Civil Procedure Code, 1908, Section 151, Partition Act, 1893, Section 3 -- Partition suit - Auction sale - Property cannot be beneficially partitioned into six equal shares and even if it is divided, its value would be diminished as per report of Advocate Commissioner - No objections were filed by any of parties regarding report of Advocate Commissioner - Auction of..........
Agreement to sell -- Specific performance - Execution of agreement to sell during pendency of partition suit - There was no encumbrance or dispute over suit property except partition suit - Suit property could still be sold and transferred - Plaintiff was aware of pending suit while executing agreement to sell which was agreed despite pending litigation - Even, plaintiff..........
Partition suit -- In a suit for partition every interested party is deemed to be plaintiff...........
Partition suit -- No bar in passing numerous preliminary decrees in a suit for partition...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Restraining defendants from interfering with possession of plaintiffs - Right of plaintiff over suit property are still to be established - Possession of plaintiff over suit property also not established - Trial Court rightly dismissed the application after recording prima facie..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Defendant in spite of due diligence could not produce these documents before trial Court - Had these documents were placed before trial Court, it would arrive at a just conclusion on main issue of plaintiff's share in suit property - Appellate Court would require this..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Partition suit - Serious triable issues arise in the case which need to be determined in the course of trial - Creating third party interest inducting third party by way of sale or otherwise would complicate the matters further - Preservation of property as it exists is therefore necessary and in the..........
