Showing : 11-20 of 61 Results

RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Hindu Law-- Ancestral property - Alienation by father - Suit for cancellation of sale deed and for possession - Court cancelled sale deed with regard to half share and decree for possession granted in favour of plaintiffs - Defendants subsequently purchased the land in question from other co-sharer - Only..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Adverse possession -- Co-sharer - Possession of one co-sharer is possession of all co-sharers - There can be no adverse possession against co-sharer in the absence of complete ouster - A co-sharer through out recorded in the revenue record as such petitioner cannot be treated to be in adverse possession...........
PATNA HIGH COURT
Year of decision: 2015
Details
Co-sharer -- Not in possession - Possession of one co-sharer is possession of other co-sharer therefore even if plaintiff was residing in her Sasural, it cannot be said that her title in suit property extinguished as she proved unity of title and unity of possession...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 38-- Co-sharer - Permanent injunction - Plaintiff in possession of suit property as co-sharer - A co-sharer in established possession can be dispossessed only during the course of partition i.e. by due course of law - Injunction granted, as it is not case of any one that plaintiff is using the land..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Partition -- Once, it is proved that partition proceedings were carried out at the back of plaintiff, then, partition proceedings as such are illegal and not binding on it - In that eventuality, land in dispute will be deemed to be a joint property of the parties and every co-sharer would be deemed to be in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 38-- Permanent Injunction - Co-sharer - Plaintiffs have failed to prove themselves as owners in exclusive possession of property in question as plaintiffs and defendant are co-sharers being purchasers from a joint khata and defendant had purchased the land prior to plaintiffs - No partition of joint..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 4-- Shamilat deh - Exclusion from - Held, where property is partitioned and brought for cultivation before 1950 or was shamilat deh assessed as revenue land and held in individual cultivation and co-sharer in excess of share before 26.01.1950 could be excluded - What is necessary, therefore, is that..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Adverse possession -- Co-sharer - Plea is not available in absence of pleading and proof of ouster of co-owner in respect of whose share adverse possession is claimed - Even otherwise, claim for acquisition of ownership by way of adverse possession is being looked down upon by the Courts as an affront to human rights...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Hindu Law-- Joint family property - Sale by co-sharer - Validity - Sale not challenged on ground that vendor had sold land beyond her share - Plea that vendor could not sell specific khasra numbers to vendees as she was not in possession of said khasra numbers - Even if specific khasra numbers are sold out of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Co-sharers-- A co-sharer can transfer his undivided share but no possession can be handed over to the vendee unless the property is partitioned by metes and bounds amicably or through mutual settlement or by a decree of the Court - Vendee from co-owner shall be entitled for possession through partition only -..........

Showing : 11-20 of 61 Results