Will -- Proof of - Joint application signed by four sons of testator wherein they stated that testator had not left any Will, is not a ground to discard registered Will of which execution is admitted in plaint and there is no allegation of fraud and misrepresentation having been made by plaintiff - Will is proved...........
Partition suit -- Joint family property - Defendant no.1 admitted that his name was recorded as Manager of joint family and he never objected to mutation entry - Both the Courts accepted that suit property was ancestral joint Family property and entitlement of plaintiff for partition and separate possession of suit property - No interference warranted in said concurrent..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Partition suit - Plaintiff claiming that they are in joint possession along with defendants - Contention that plaintiffs are not in joint possession is a question of fact, which will be decided after evidence is let in - Court can collect Court fee at any stage of suit - Application..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account maintained by husband and wife - Cheque signed by husband only - Wife cannot be proceeded with for the offence u/s 138 of the Act - Proceedings against wife quashed...........
Agreement to sell -- Specific performance - Readiness and willingness - Joint Family Property - Agreement to sell was established but executor of agreement himself was not competent to enter into an agreement to sell as property in question is a joint family property and was never partitioned - Defendant alone has no right to dispose of joint family property - Relief of..........
Agreement to sell -- Specific performance - Merely an assertion in agreement to sell (Iqrarnama) regarding taking consideration of Rs.5 lakhs and handing over possession is not sufficient to prove possession over property, especially in the circumstances when property is a joint family property...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Categorical assertion has been made in the plaint that property is the joint ownership of parties as property belongs to father of parties - Stand of defendant that he is in exclusive possession of property is not a fact which can be ascertained from a meaningful reading..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Categorical assertion has been made in the plaint that property is the joint ownership of parties as property belongs to father of parties - Stand of defendant that he is in exclusive possession of property is not a fact which can be ascertained from a meaningful reading..........
Agreement to sell -- Specific performance - Joint property - Agreement executed by defendant and his brother and accepted earnest money jointly - Acceptance of part of sale consideration by one of them subsequently - Cannot be said to be in that person's individual capacity - It will bind both of them - They two are not separate legal entities - No overt act on part of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners - No pleading with regard to any construction activity initiated by defendants in suit land - Only repair work undertaken by defendant - Does not amount to destruction or damage to joint property - Status quo order rightly set aside - Plaintiff can seek amendment of plaint and to add a..........
