Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Eviction decree passed on the basis of compromise between DH and JD - Petitioner/objector claimed that she was owner of suit premises - However, she has not produced any title document of her having ownership over suit premises - Merely because a suit for partition was filed, same cannot..........
Registration Act, 1908, Section 49, 17 -- Unregistered award - Can be used for collateral purpose in a suit for partition to the limited extent of establishing the nature, identity and location of properties sought to be partitioned, but not for proving factum of partition of suit properties...........
Partition -- Jurisdiction - In Punjab, Haryana and UT Chandigarh, jurisdiction to partition the joint property is conferred in Revenue Authorities as well as Civil Court - With regard to agricultural land, jurisdiction is pre-dominately with Revenue Authorities, whereas, with regard to non-agricultural land, jurisdiction exclusively vests in civil Court...........
Partition -- Jurisdiction - In Punjab, Haryana and UT Chandigarh, jurisdiction to partition the joint property is conferred in Revenue Authorities as well as Civil Court - With regard to agricultural land, jurisdiction is pre-dominately with Revenue Authorities, whereas, with regard to non-agricultural land, jurisdiction exclusively vests in civil Court...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Petitioner contended that suit property claimed by plaintiffs encompasses the property purchased by him from defendant - Even if it is assumed that petitioner is a purchaser pendente lite and even if it is treated to be not bonafide purchaser, yet since the sale is brought about by..........
Hindu Succession Act, 1956, Section 6 -- Succession - Partition has not taken place before amendment of S.6 of Hindu Succession Act - Each son and each daughter is entitled to equal shares in the properties left behind by deceased father...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plaintiff successfully established his possession and enjoyment of suit property - However, not even a single document has been filed or exhibited on the side of defendant - Mere admission of PW1 that suit property was allotted to defendant No.4 under a oral partition, cannot be sole criteria to..........
Co-sharers -- Joint land - Construction over some portion by one co-sharers - Even, if co-sharer raise construction over some portion, it will be subject to partition and said co-sharer cannot claim any preferential right over a particular chunk of land due to raising of construction over it...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Plaintiffs and defendants are joint owners in possession over suit property and nobody has been shown to be in exclusive possession over suit land - Possession of one co-sharer is possession of all in the eyes of law - So even, if defendants raise construction over some portion, it will..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Proof beyond pleadings - Plea of 1965 partition - Specific amendment in the pleadings was sought by plaintiff with reference to 1965 partition but the same was rejected - Even the pleadings to that effect sought to be taken in replication filed by plaintiff was struck off by trial Court - In such a situation, evidence with..........
