Showing : 61-70 of 690 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for specific performance - If any third party has direct interest in property for which decree of specific performance is being sought, then Court ought to liberally permit him to be impleaded as a party to suit - In such situation, it would be appropriate to avoid..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by law - Partition suit - Property of partnership firm - No averment in plaint that partnership firm in dispute has been dissolved, debts and liabilities have been settled and nothing remains towards liability of firm to be settled - Since suit property is the property..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 96-- Appeal - Final decree - Partition suit - Where appeal against preliminary decree rejected even on the ground of limitation, it shall operate as a fetter to appellant's right to lay challenge to final decree on ground already raised and rejected during dismissal of appeal against preliminary decree..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay in filing appeal - Partition suit - Earlier application u/s 5 of the Act filed along with appeal against preliminary decree containing identical assertions rejected by this Court - Rejection of earlier application thus, operates as res judicata - Moreover, there is no..........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title - Defendant while relying upon sale deed contended that he purchased part of suit property which he occupied as tenant - However, he failed to prove that part of joint family property which he occupied as tenant was subject matter of sale under sale deed in question -..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Registration Act, 1908, Section 17, 49-- U, registered document - Admissibility - Partition suit - An unregistered document can be relied upon in partition suit for collateral purpose i.e severancy of title, nature of possession of various shares but not for primary purpose i.e division of joint properties by metes and bounds...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 15, Rule 5(As-- Striking off defence - Default in payment of rent - Plaintiffs are husband and wife who jointly purchased disputed shop and inducted defendants as tenant - Arrears of rent not paid by defendants, as they claimed that plaintiff no.2 sold half of suit property to defendant no.2 - Sale deed regarding..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Partition suit-- Claimed by daughters - Plea of oral partition - No evidence on record to show that there was an oral partition and properties were divided in a particular manner in said oral partition - As regarding claim of defendant no.1 that plaintiffs agreed to give up their shares in suit property, same is..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Partition suit-- Claimed by daughters - Defendant contended that plaintiff no.2 was allotted 1/6th share as per Court order in 1972, therefore, she is not entitled to any share in suit property - However, evidence on record shows that said money was drawn by defendant no.1 as eldest male member of family - With..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Partition suit-- Claimed by daughters - Defendant no.1 contended that he spent a sum of Rs.5 lacs for development of suit property - However, no documents produced in order to buttress claim of defendant no.1 regarding expenditure incurred by him in developing the property - No particulars of development given in..........

Showing : 61-70 of 690 Results