Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Defendant being a vendee under a co-sharer can only claim possession by seeking partition of joint land - Till the defendant seeks separate possession, plaintiffs have a right to protect their possession - Defendant is not in a position to demonstrate that his vendor was in exclusive..........
Agreement to sell -- Specific performance - Execution of agreement to sell by defendant No.1 on behalf of herself and on behalf of other defendants including minors - No power of Attorney was there in favour of defendant No.1 and even no permission was sought from the Court of competent jurisdiction regarding selling of property of minors which is sine qua non as per..........
Joint Property -- Co-owners - Undivided suit property is left with co-owners to proceed in accordance with law to get their shares determined and demarcated before making a transfer...........
Consumer Protection Act, 1986, Section 17 -- Consumer complaint - Unfair trade practice - Joint venture agreement - Construction of dwelling units - Appellants/owners of land entered into agreement with Respondent No.2 and also executed irrevocable power of attorney in his favour and Respondent No.2 on the basis of said documents entered into sale agreements with..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101, 103 -- Execution - Objections - Compromise decree in a suit for specific performance - Objection regarding suit property is joint family property - However, objector already filed a suit for partition against JD and DH is also a party in said suit - Therefore, right, title and interest if any of objector..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contradictory statements made in plaint collapses substratum of plaintiff's case - To reiterate once plaintiff acknowledges that suit schedule property is self acquired property of respondent No.1 and respondent No.1 had absolute ownership of property, plaintiff cannot subsequently plead that very same..........
Evidence Act, 1872, Section 58 -- Admission - Joint family property - When defendant categorically admitted in her evidence that property in question is purchased by donor from joint family income, no further proof is required that suit property is joint family property...........
Hindu Law -- Joint Family Property - Gift of coparcenary property by Karta other than pious purpose to his brother's daughter is not valid...........
Hindu Law -- Joint Family Property - Gift by Karta - Karta has no right to execute gift deed in respect of part of joint family property without the consent of other coparceners...........
Evidence Act, 1872, Section 17, 58 -- Proviso - Oral admission - Joint property - Oral admission as to possession of plaintiff over suit property is not sufficient evidence to infer partition of suit property - Proof of partition is necessary as per S.58 Proviso of Evidence Act - Said admission is not sufficient evidence of partition...........
