Hindu Law -- Self acquired property - After abolition of PEPSU Ala Malkiat Rights Act, where Adna Malik has acquired absolute rights in property has been held to be his self acquired property and it cannot be held to be Joint Hindu Family Property and Coparcenary Property...........
Hindu Succession Act, 1956, Section 14(1) -- Property of a female Hindu - Mother of plaintiffs became owner of suit land by way of a decree suffered in her favour by her husband - It cannot be said that suit land was ancestral property - By virtue of S.14(1) of Act, mother of plaintiffs became absolute owner of suit land by way of civil Court decree passed in her favour...........
Hindu Succession Act, 1956, Section 14(1), (2) -- S.14(2) of the Act is an exception or a proviso to S.14(1) of the Act - It operates only in a case where right in property is created for the first time and there was no pre-existing right in favour of female Hindu - However, on the contrary, if there was a pre-existing right, be it a life estate only, S.14(1) of Act,..........
Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendens - It is necessary for administration of justice that decision of a Court in a suit should be binding not only on the litigating parties but on those who derive title pendente lite - Lis pendens does not anull the conveyance or transfer otherwise, but renders it subservient to the rights of the parties to..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading of a party - Transferee pendente lite - Vendor has lost interest in suit property and is not pursuing the lis - There is apprehension that suit would go uncontested - Moreover, subsequent purchaser has already been impleaded in the connected suit - Court below was not..........
Co-sharer -- A co-sharer not in possession - Remedy is to seek partition - However, a co-sharer out of possession can seek relief of permanent injunction, if by the act of another co-sharer in possession, the value or utility of the property is diminished or such acts of the co-owner in possession are detrimental to the interest of other co-owners out of possession - Mere..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Removal of blockage caused by raising construction over a path in question - No evidence on record to prove that by raising such construction width of path will be reduced - No demarcation report placed on record by plaintiffs showing the precise portion on record encroached by defendants - Omission of said..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local commissioner - Suit for injunction - To note down physical features of suit property - Apprehension of defendant that plaintiff in guise of obtaining injunction, might encroach into his land - Held, mere noting down physical features, it is well nigh impossible to someone to say that a particular land is in..........
Hindu Succession Act, 1956, Section 14(1) -- Maintenance - Right of widow to be maintained although does not create a charge on the property of her husband but certainly widow can enforce her right by moving Court and for passing a decree for maintenance by creating a charge...........
Hindu Succession Act, 1956, Section 14(1) -- Maintenance - Right of widow - Pleading and proof - Unless the factum of bequeathing property in favour of widow and her continuous possession are disputed, question of pleading and proof does not arise...........
