Partition -- Not always necessary for a plaintiff in a suit for partition to seek cancellation of alienations, for the reasons viz. (a) alienees as well as the co-sharer are still entitled to sustain the alienation to the extent of the share of the co-sharer; (b) it may also be open to the alienee, in the final decree proceedings, to seek the allotment of the transferred..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Partition suit - Property in question is ancestral property - Applicants had equal right of ownership in suit property as was enjoyed by plaintiff's father - Plaintiffs as well as applicant are living under one roof, their business, residence, telephone connection and gas connection are also common..........
Will -- Suspicious circumstance - Delay in seeking probate of Wills - Occasion for appellants to seek probate of Will arose only when respondents filed suit for partition, therefore there was actually no delay on the part of appellants in seeking probate - Order granting probate restored...........
Easements Act, 1882, Section 13 -- Easement - Right to cart track - Defendants are not disputing the title of plaintiffs, as their vendors (defendants) were parties to earlier partition - As such when there is no reference with regard to alleged cart track in plaintiff's property in those parent documents, defendants herein cannot claim easement right by way of grant -..........
Partition -- Private partition - There is no bar for parties to divide agricultural property without any intervention of revenue authorities or Court...........
Partition suit -- Settlement deed - Overwhelming evidence on record to prove settlement deed between parties - There is written document which was followed by a receipt - Revenue record proves that deed of settlement was given effect to as parties entered into their respective possession - Even plaintiff admits that parties are in exclusive possession of respective shares..........
Partition suit -- Inclusion of land on which construction existed - Cannot vitiate the entire partition proceedings, as constructed houses have been allotted to co-sharer who has constructed the same along with land allotted to him - Moreover, no prejudice has been caused by such an action to either of parties - Argument that entire partition proceedings are bad cannot be..........
Partition suit -- Ancestral property - No document or oral evidence led to show existence of any Joint Family Property or nucleous - Both the Courts concurrently held that there is no iota of evidence to show that suit property is ancestral property of plaintiff to be divided along with her father - Mere plea that suit properties are ancestral property of plaintiff and..........
Family settlement -- Oral partition and thereafter putting it into writing for the purpose of information - Does not require to be compulsorily registered and stamp duty is not required to be compulsorily paid in respect of the same...........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of earlier suit without liberty to file fresh suit on same cause of action - Bar of subsequent suit - Partition suit - Bar U.O.23.R.1(4) CPC would operate only against individual plaintiff and not against his successor in title, as they would have continuous cause of action - Subsequent suit held, not barred..........
