Showing : 51-60 of 89 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Co-sharers-- A co-sharer, who is not in actual physical possession of a parcel of the and, cannot claim any injunction against the other co-sharer - Remedy available is either a suit for partition or to get a decree of joint possession...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Punjab Land Revenue Act, 1887, Section 17-- Suit for partition filed by one co-sharer before Asstt.Collector Ist Grade - Other co-sharers raised dispute regarding title of land - Asstt. Collector directed parties to get the title decided from Civil Court - However, order of Asstt. Collector not a speaking order as it was bereft of reasoning..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Co-owner-- Rights - (1) A co-owner has an interest in the whole property and also in every parcel of it; (2) Possession of joint property by one co-owner, is in the eye of law, possession of all even if all but one are actually out of possession; (3) A mere occupation of a larger portion or even of an entire..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Agreement to sell-- Suit for specific performance - Agreement to sell on behalf of self and on behalf of other joint owners - Other co-sharers not consented for the intended sale - Agreement to sell does not bind other co-sharers - Plaintiff can seek specific performance of the agreement in respect of the..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 9, Evidence Act, 1872, Section 101-- Suit for partition - Plea that suit is not maintainable without adding or joining all the properties of the joint family - No concrete pleading or proof - Held, there were no other properties except those mentioned in the plaint as such the suit is maintainable...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Specific Relief Act, 1963, Section 21, 22-- Reliefs that can be granted under Ss.21 & 22 of the Act are different in nature - Power to award 'compensation' u/s 21 and the power to grant 'any other relief to which the plaintiff may be entitled' u/s 22 of the Act are independent and they operate in a different sphere - Under S.21 of the Act..........
PATNA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for partition - Preliminary decree already passed - Amendment sought at stage of final decree - Addition of properties ought which were covered under same set of facts already decided at time of passing of preliminary decree - Amendment sought will neither change nature..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 37-- Joint land - Suit for permanent injunction by co-sharer restraining the other co-sharer from raising construction over the suit property - Construction raised by defendant - Plaintiff not entitled to any relief - Co-sharer cannot raise construction so as to affect the rights of the other co-sharer..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Adverse Possession-- Partition suit - Ouster of co-sharer pleaded - Implies acknowledgment of title of co-sharer - Plea of ouster not established - Title of other co-sharer must be held to have been accepted...........
KERALA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 92-- Mortgage - Redemption - Co-owner - A co-mortgagor by redeeming the mortgage in its entirety, cannot claim a right higher than what he had otherwise, faced with a claim for partition by the other co-owner - In such a suit the right of redeeming co-mortgagor is only to plead contribution and not to..........

Showing : 51-60 of 89 Results