Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - While deciding application it cannot be decided as to whether schedule mentioned property is joint family property or self acquired property which can only be decided by conducting full fledged trial - Rejection of application, set aside...........
Hindu Law -- Ancestral property - Alienation by Karta for legal necessity - Partition suit - Karta/manger of Hindu Joint family has a right to alienate joint property for legal necessity - If a member of joint family challenges alienation by Karta, he has to plead and prove that alienation is not for legal necessity - Unless he seeks to set aside those sale deeds, relief..........
Private street -- Once street was left out of joint property of family, no amount of public usage can convert street into a public street...........
Specific Relief Act, 1963, Section 38, 39 -- Suit for prohibitory and mandatory injunction - Restraining defendants from interfering with exclusive usage of street by plaintiff - Street in question earlier formed part of private property of family of plaintiff and defendants - It is not a common property of village - Street in question was meant and was left during..........
Partition suit -- Joint Family Property - Plaintiff and defendant are brothers - Suit property was purchased in joint name of plaintiff and defendant - Defendant though contended that suit schedule property was purchased from and out of his own income but he failed to prove such fact - Suit property was purchased jointly by both the parties and thus, both of them are..........
Kerala Co-operative Societies Act, 1969, Section 69, 66, Kerala Co-operative Societies Rules, 1969, Rule 176 -- Post of peon/watchmen - Cancellation of selection process by Joint Registrar - Joint Registrar has power as well as duty to interfere with selection process where question paper of written test were leaked and secrecy of written test was not kept intact...........
Hindu Succession Act, 1956, Section 6 -- S.6 of the Act not applicable in respect of undivided interest of a minor in joint family property...........
Hindu Joint Family Property -- Karta is manager of joint family property - He is not guardian of minor members of joint family...........
Hindu Joint Family Property -- Relinquishment of minor's undivided share by mother - Natural guardian cannot dispose of share of minor in joint family Property - However, said principle would not apply when a family settlement is taking place between members of joint family - When such dissolution takes place and some of member relinquish their share in favour of Karta,..........
Hindu Succession Act, 1956, Section 30, 19 -- Property of Hindu Male dying intestate - When two or more heirs succeed together to property of an intestate, they shall take property per capita and as tenants in common and not as joint tenants and property is not to be treated as a joint family property though it may be held jointly by legal heirs as tenants in common till..........
