Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Partition suit - Plaintiff claiming 1/3rd share in suit property - Being real sister of defendant, right of plaintiff as co-sharer in joint family property cannot be prima facie doubted - Trial Court while allowing application not exercised its discretion perversely, capriciously or in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii) -- Rent and eviction - Bonafide requirement - Starting of joint business with uncle and later on withdrawing from partnership of that joint business - Does not fall within the purview of word `vacating of non-commercial premises'...........
Hindu Women, Section 3(1) -- Joint Family Property - S.3(1) of the Act only applies to separate property - Since the property was joint family Property, Hindu Widow can make no claim u/s 3(1) of the Act...........
Partition -- Ancestral property - Plaintiff contended that suit properties were purchased from income derived from ancestral property - However, no substantial evidence let in on side of plaintiffs to prove said fact - It cannot be said that suit properties were purchased from income of joint family property/ancestral property - Suit rightly dismissed...........
Joint Hindu Family -- Family settlement - Once there is partition/division pursuant to a family settlement which is acknowledged in a judgment and decree then Joint Hindu Family comes to an end...........
Evidence Act, 1872, Section 102 -- Joint Family Property - Onus to prove - If family was jointly headed by a Karta and land revenue was also being paid in respect of land acquired in the name of certain individual members of joint family from the joint family funds, onus lies upon persons who claim that property was acquired from individual resources and not from joint..........
Hindu Law -- Joint Family Property - Heirs were part of joint family - No evidence led by objectionists that disputed property was not joint family Property - No interference warranted in order of revisional authority...........
Hindu Law -- Joint family property - If family was joint headed by a Karta and land revenue was also being paid in respect to land acquired in the name of certain individual members of joint family from joint family funds, onus lies upon persons who claim that property was acquired from individual resources and not from joint family fund otherwise property acquired would..........
Hindu Law -- Joint family property - Revenue entries - Merely on basis of changes in subsequent Revenue record, it cannot be said that joint tenancy came to an end, particularly when nothing on record to show that there was a partition or family settlement...........
Family settlement -- Family once separated - plaintiff cannot claim that they continue to members of the joint Hindu Family at the time of settlement which is pleaded and accepted by the mother resulting into judgment and decree...........
