Showing : 51-60 of 127 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Punjab Pre-emption Act, 1913, Section 15(1)(b)-- Preferential right to Pre-empt - Co-sharer - Vis-a-vis exclusive owner - Vendor exclusive owner of land - Sold specific portion of land - Vendor sold remaining land to other persons - Suit for possession by way of pre-emption by first vendee - Decreed after relying Full Bench in Bhartu's case -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Agreement to sell-- Specific performance - Co-sharer - Sale of specific khasra numbers - On sale plaintiff steps into shoes of defendant and becomes co-sharer and does not become owner exclusively for the specific khasra numbers sold - Specific area and khasra numbers have to be decided only in partition proceedings..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Injunction - Against Co-sharer - No injunction can be granted against co-sharer in exclusive possession of his share especially when the plaintiff (co-sharer) himself has been in exclusive possession or has been utilizing his share. M/s DCM Shriram's case, 2006 (1) PLJ 123 relied...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Injunction - Co-sharer - Exclusive Possession - No injunction can be granted against a co-sharer in exclusive possession of share especially when the petitioner has been in exclusive possession & utilising his share - M/s DCM Shriram Consolidated Ltd. v. Jai Singh, 2006 (1) PLJ 123 relied...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Co-sharer-- Sale of specific portion - Sale of specific khasra no. by co sharer will be a sale of share of joint land, subject to the rights of the other co sharers to seek partition. Bhartu's case 1981 PLJ 204 (FB) relied...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Specific Relief Act, 1963, Section 34-- Simplicitor suit for declaration by Co-owner/Co-sharer - Maintainability - Suit for declaration claiming = share in land, challenging mutation and subsequent revenue entries - Suit land agricultural in nature - Civil Court not competent to deliver actual physical possession - Revenue Court alone..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Co-sharer - Injunction - Restraining defendant from raising construction - A co-sharer in exclusive possession for sufficient long time can raise construction - Question of prohibiting to raise construction by the defendant is dependent singularly on the prime facie finding of fact whether there..........
FINANCIAL COMMISSIONER, PUNJAB
Year of decision: 2006
Details
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37-- Difference between Mutation and Khasra Girdawari in relation to sale of share in joint Khata by co-sharer - Mutation of land purchased cannot be sanctioned qua specific khasra number - Khasra Girdawari can be recorded with respect to specific number possession of which is received by transferee..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Rent and Eviction-- Partition suit amongst co-sharers - Tenant, if made party in the partition suit, can object to partition if it is shown that the same was not bona fide and made with an oblique motive to overcome the rigors of rent control laws which protected eviction of tenant except on grounds set out in the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Cosharer in joint possession - Suit for injunction to restrain the other co-sharer from selling more than his share and raise construction - Injunction granted as the defendant not found to be in exclusive possession - Order upheld by the High Court and further held that equity demands that the..........

Showing : 51-60 of 127 Results