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Results of partition

Showing : 191-200 of 1731 Results

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 explanation of delay in filing appeal -..........

CHHATTISGARH HIGH COURT

Year of decision: 2018
Details

Registration Act, 1908, Section 17 -- Registration - Partition deed - When four out of three brothers deposed in Court that they had partitioned a joint family property amongst themselves, law does not require that it should be proved only by a registered document and not otherwise...........

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 - Once it was held that partition was..........

KARNATAKA HIGH COURT

Year of decision: 2018
Details

Hindu Law -- Partition - Property under equitable mortgage - Interest of owners of property that remains after mortgage is called equity of redemption which is nothing but right of mortgagors to redeem mortgage - Such equity is also property which is capable of partition and thus, there is no legal impediment or bar for partitioning property which is subject of equitable..........

KARNATAKA HIGH COURT

Year of decision: 2018
Details

Transfer of Property Act, 1882, Section 58 -- Equitable mortgage - Partition of mortgaged property - No term and condition in deed of mortgage restraining mortgagors from effecting partition of equity of redemption - It is thus, open to mortgagors to effect partition of property and thereby interest of mortgagee Bank is not affected...........

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 purchase of half share of..........

MADRAS HIGH COURT

Year of decision: 2018
Details

Partition suit -- Twin pleas of prior partition and ouster taken by defendant - Defendant should have elected any one of them at trial since these two pleas are mutually exclusive - However, such election not made by defendant - Even assuming that plea of ouster can be taken as an alternative plea, very strong evidence is required to show actual ouster, which defendant..........

MADRAS HIGH COURT

Year of decision: 2018
Details

Partition suit -- Claimed by daughters - Mere factum of selling of property by defendant no.1 to meet the expenses of marriage of plaintiff no.2, would not disentitle plaintiff no.2 to claim her share, particularly when defendant no.1 also discharged debts owned by his father and there is no evidence on record that said property was acquired by him out of his own earnings...........

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 also not proved as release of right in immovable property..........

Showing : 191-200 of 1731 Results