Showing : 71-79 of 79 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Injunction against co - sharer from raising construction over land in his exclusive possession when partition had not taken place - Raising of construction on old Chhappar within Gher constructed about 20 years back and which had fallen down - Not to be injuncted - Plea that since parties were..........
ORISSA HIGH COURT
Year of decision: 1998
Details
Partition Act, 1893, Section 4-- Partition - Joint Family Property - No finding regarding previous partition by metes and bounds between co-sharers - Suit for partition by one co-sharer - Dismissal on ground of prescription of title by adverse possession by other co-sharer - Illegal...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Possession-- Suit for possession and mesne profits - Respondent No.1 came in possession with the consent of one of the co-owners - Construction too raised with his consent - Normally a co-owner not entitled to raise construction of permanent nature on joint land without the consent of other co-owner - As..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Partition Act, 1893, Section 2-- Sale instead of division - Where suit property cannot conveniently and equitably be divided between the parties to suit in view of nature and extent of property, Court may allot such item to one co - sharer and direct him to pay the value of the share of other co - sharer in money - Where such..........
SUPREME COURT OF INDIA
Year of decision: 1996
Details
Partition Act, 1893, Section 4-- Suit for partition - Title of appellant as co-sharer denied by other shareholders - Appellant claiming purchase of share in said property as successor-in-interest of `A' who had purchased same in Court-sale - Sale certificate issued by Court and entry in register of Court proving title of `A' -..........
SUPREME COURT OF INDIA
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 21, Rule 32(2)-- Injunction decree -Subsequently a preliminary decree followed by a final decree was passed in a suit for partition - Parties are governed by the final decree in partition suit as it has become final and any other proceedings in respect to the property involved would stand closed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Suit for declaration of previous partition - Amendment of plaint sought to introduce as to certain improvements and other acts done in his share of land - Amendment sought not necessary as the main controversy is as to partition - If previous partition is proved then plaintiff can improve the land..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1993
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- A - Partition suit - Suit withdrawn or abandoned - Transposing defendant as plaintiff - The question to be considered is whether applicant has a substantial question to be decided as against any of the other defendants...........
ALLAHABAD HIGH COURT
Year of decision: 1992
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Partition suit - Proceeding for final decree - Plea raised that one of the defendant was lunatic and no guardian was appointed to represent him - Lunatic defendant was represented by his mother - Prejudice whatsoever not caused to petitioners or other defendants - Absence of formal order..........

Showing : 71-79 of 79 Results