Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Purchaser of ancestral property is necessary party and in absence of such necessary party, partition suit cannot be adjudicated...........
Transfer of Property Act, 1882, Section 44, 55(6) -- Transfer by one co-owner - Outsider who has purchased share of co-sharer in an undivided estate can seek possession of his share only through partition by amicable mutual settlement by metes and bounds or through a decree of Court - Possession of outsider/purchaser over disputed premises is thus, illegal and without..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from trespassing into suit property and also from creating any new pathway across land - Partition took place between parties and both are in enjoyment and possession of their respective shares - As per partition deed both the parties can use the ridges situated in another sharer to..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Status quo order - Vacation of - Partition suit - Plaintiffs have failed to prove prima facie case of jointness - Whereas, defendants have brought several documents which are indicative of partition between three brothers - There is nothing joint between plaintiff and defendants - Status quo order vacated...........
Revenue entries -- Partition suit - Entries in revenue records do not amount to severance of status - It is for parties to establish by credible evidence that there was an equitable partition...........
Hindu Succession Act, 1956, Section 6, 4 -- Partition suit - Right of married daughters - Plaintiffs were claiming their father's share in suit properties and were not claiming as co-parcenars - There was no severance of status between father of plaintiffs and father of defendants - Plea of custom as alleged by defendant which prevents married daughters from claiming share..........
Hindu Law -- Joint Family Property - Agricultural land - Partition suit - Where plaintiffs failed to prove that they were getting any proceeds from income of agricultural land, it indicates that said land was not joint...........
Hindu Law -- Joint Family Property - Partition - Plaintiff failed to prove that there is Hindu Undivided Family - No evidence on record that agricultural lands were owned by grandfather or brother of grandfather of plaintiff - Various parts of lands were transferred to various other persons and these transfers were not challenged by plaintiff at relevant time - Plaintiffs..........
Agreement to sell -- Validity of agreement - Description of land qua each survey number, its location, dimensions and area is not mentioned in agreement - Agreement is not signed by Co-sharers (defendant nos. 4 & 5) of defendant Nos.1 & 2- Nothing on record to suggest that agreement was with consent and knowledge of defendant Nos.4 & 5 - It is not mentioned whether..........
Hindu Law -- Joint family property - Partition suit - Suit properties were ancestral joint family properties - Defendants failed to show that properties are self acquired properties - Initial burden of showing that there was a nucleus of joint family property is discharged by plaintiffs - Whereas, defendants for their part have failed to discharge the burden, which..........
