Showing : 31-40 of 100 Results

KERALA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 60-- Mortgage - Redemption of mortgage - Mortgagee who purchased and acquired the right of redemption from some of co-mortgagors, during pendency of suit that too after second appeal decree in favour of redemption was passed, has first to yield to redemption of mortgage in favour of remaining decree..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Cause of action - Partition suit - Plaintiff is descendant from one of branches of common ancestor while respondents are alienees of property from members of other branch of same common ancestor - Not a case where there is no cause of action for plaintiff to seek partition -..........
ORISSA HIGH COURT
Year of decision: 2016
Details
Hindu Succession Act, 1956, Section 6, 23-- (as per 2005 amendment) - Co-parcenary rights of daughter - Suit for partition of undivided dwelling house - S.6 confers rights on daughters irrespective of when they are born - Omission of s.23 from 1956 Act confers right on Class-I female heir to claim partition in dwelling house without any..........
DELHI HIGH COURT
Year of decision: 2016
Details
Partition suit-- Partial partition - Difference in the mode of acquisition of suit property and other properties - Parties to the suit are not the only owners of other properties - Held, suit for partial partition is not bad as other properties not included are not acquired by the parties to this suit and those..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Partition suit-- Defence of ouster - Ouster is a weak defence in a suit for partition of family property - It is strong if defendant is able to establish consistent and open assertion of denial of title, long and uninterrupted possession and exercise of right of exclusive ownership openly and to the knowledge of..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Hindu Law-- Ancestral property - Alienation by father - Suit for cancellation of sale deed and for possession - Court cancelled sale deed with regard to half share and decree for possession granted in favour of plaintiffs - Defendants subsequently purchased the land in question from other co-sharer - Only..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - At the stage of judgment - Permissibility - Partition suit - Suit instituted in the year 2006 - However, no explanation on behalf of petitioner as to how all of a sudden he has gained knowledge about pendency of a civil suit and all other developments that have taken..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - Previous suit instituted for declaration of title and injunction - Subsequent suit for partition and separate possession - Causes of action in both the suits is entirely different and subject matter involved in both suit is also quite different - Both suits are neither between same..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Hindu Succession Act, 1956, Section 6, Limitation Act, 1963, Section 3-- Devolution of interest - Suit for administration and partition of estate of deceased - Limitation - Right to sue any of heirs and LR's of deceased father would accrue on the death of father - Plaintiff applied for partition more than a decade after death of his father when he learnt that defendant..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 38-- Co-sharer - Permanent injunction - Plaintiff in possession of suit property as co-sharer - A co-sharer in established possession can be dispossessed only during the course of partition i.e. by due course of law - Injunction granted, as it is not case of any one that plaintiff is using the land..........

Showing : 31-40 of 100 Results