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Results of partition

Showing : 1281-1290 of 1731 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2000
Details

Civil Procedure Code, 1908, Order 21, Rule 35(1), 35(2) -- Decree for joint possession - Procedure prescribed for execution is provided in O.21.R. 35(2) and not rule 35(1) - Warrant only for symbolic possession can be issued when a decree for joint possession is under execution - Actual possession can be taken by the decree-holder only by way of partition in accordance..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2000
Details

Agreement to sell -- Suit for specific performance - Agreement executed by defendants 1 & 2 in respect of 3rd defendant also - No recital in the agreement that it was executed on behalf of the 3rd defendant also - 3rd defendant or his L.R's not bound by the terms of agreement - Property undivided - No relief sought for partition and separation of 3rd defendant's share in..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2000
Details

Civil Procedure Code, 1908, Order 17, Rule 17-A -- Additional evidence - Suit for possession by final partition - Defendant in written statement took the plea that property is in possession of M/s Singla Trading Company as tenant and as such no partition by physical delivery of possession was possible - Evidence regarding dissolution of firm M/s Singla Trading Company..........

RAJASTHAN HIGH COURT

Year of decision: 2000
Details

Civil Procedure Code, 1908, Order 6, Rule 2 -- Proof beyond pleading - Both the parties aware of the fact that the issue of partition is in dispute and evidence led by plaintiff rebutted by defendant - No variance between pleadings and proof - Bar of R.2 not attracted...........

SUPREME COURT OF INDIA

Year of decision: 2000
Details

Partition Act, 1893, Section 4 -- Applicability of the Section - Before S.4 can be pressed into service it must be shown that stranger transferee himself moving for partition and separate possession either as a plaintiff or as a defendant - Suit for partition and separate possession by a family member - Stranger transferee of a part of house not a party to suit - During..........

SUPREME COURT OF INDIA

Year of decision: 2000
Details

Indian Penal Code, 1860, Section 415, Criminal Procedure Code, 1973, Section 482 -- Cheating - It is alleged in the complaint that accused did not disclose to him that one of their brothers had filed a partition suit which was pending - The requirement that the information was not disclosed by the accused intentionally in order to make the complainant part with property is..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2000
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38 -- Co-owner - Right to seek injunction against co-owner in exclusive possession of the entire or part of the property restraining him from making construction in that part of the property - Held, that (i) a co-owner who is not in possession of any part of the property is not entitled..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2000
Details

Specific Relief Act, 1963, Section 12 -- Specific performance of part of contract - The provision is not applicable where the share of a contracting party is identifiable, severable and separate from the share of one against whom specific performance of agreement cannot be enforced - An agreement can still be enforced against a person who is a signatory to the agreement..........

BOMBAY HIGH COURT

Year of decision: 2000
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plea in written statement that property was partitioned somewhere in 1974 and since then the parties were in exclusive possession of the partitioned share - Proposed amendment is in the nature of denial of any physical partition even consequent to the deed of exchange - As the right accrued to..........

SUPREME COURT OF INDIA

Year of decision: 2000
Details

Adverse possession -- Plaintiff deposited in Court pre-emption money pursuant to decree - Plaintiff moved revenue authorities for partition of joint khata - Defendant denied title of plaintiff - Plaintiff thereafter filed suit for declaration - Defendant raising plea that he perfected title by way of adverse possession as physical possession of property not taken after..........

Showing : 1281-1290 of 1731 Results