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..........
Registration Act, 1908, Section 17 -- Family partition - Registration of deed - Compulsory registration - Document in question is not a deed for affecting any partition in praesenti, but it is a document recording previous partition therefore, it need not be registered...........
Specific Relief Act, 1963, Section 34, 38 -- Declaratory relief - Suit for declaration and permanent injunction - Sale of suit property to different plaintiffs/vendees - Family partition between vendor and his brother/defendant and family partition was accepted by defendant and he remained in separate possession - Neither defendant questioned validity nor genuineness of..........
Hindu Succession Act, 1956, Section 6(as - - Right of married daughter to file partition suit - Retrospective application of daughter`s right in co-parcenary property was not available when earlier partition suit filed in 2004 came to be decreed - Daughter held, justified in filing subsequent suit for partition, as fresh cause of action has arisen to her to maintain the..........
Hindu Minority and Guardianship Act, 1956, Section 8(3) -- Sale of minor's property by father in contravention of S.8(1) and S.8(2) of the Act - Suit for partition and injunction filed by minor after attaining majority without seeking relief to set aside document of alienation - Limitation - Relief to set aside transaction forms an integral part of option available u/s..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by father in contravention of S.8(1) and S.8(2) of the Act - Suit for partition and injunction filed by minor after attaining majority - Without seeking relief to set aside document of alienation suit cannot be entertained being not maintainable, as relief to set aside transaction forms..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit dismissed in default - Bar of subsequent suit - Plaintiff on attaining majority instituted suit for setting aside sale deed of his property - Said suit dismissed in default - Bar U.O.9.R.9 CPC would come into play in bringing fresh suit in respect of same relief - Though subsequent suit filed only for partition without a..........
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...........
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...........
