Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Co-sharer in joint possession in normal circumstances cannot seek injunction against other co-sharer - Even if, a co-sharer is in exclusive possession, other co-sharer, who is in possession of property cannot use property to detrimental to other co-sharers so as to render property unfit for use in case such..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Co-sharer - Agricultural land - Defendant intended to construct - Proposed construction would change nature of agricultural land to gair mumkin land - Even if same ultimately comes to share of plaintiff after partition by that time, land would have been converted into gair mumkin and same cannot be restored as..........
Civil Procedure Code, 1908, Order 20, Rule 18, Succession Act, 1925, Section 27(c) -- Partition suit - Grandfather of plaintiff and defendant executed Will by giving absolute right in suit property to defendant - Plea that at time of execution of Will, plaintiff was in womb of his mother therefore not included as beneficiary under Will - Will probated and proved in..........
Civil Procedure Code, 1908, Order 20, Rule 18, Succession Act, 1925, Section 27(c) -- Partition suit - Grandfather of plaintiff and defendant executed Will by giving absolute right in suit property to defendant - Plea that father executed settlement deed in favour of his wife so that both plaintiff and defendant should enjoy suit property equally - Admittedly, father had..........
Civil Procedure Code, 1908, Order 20, Rule 18, Registration Act, 1908, Section 17 -- Suit for partition - Will in favour of defendant - Plaintiff claimed partition on basis of agreement for dividing suit property - Agreement was unregistered and not acted upon by parties - Agreement cannot confer right over property to claim partition...........
Specific Relief Act, 1963, Section 34, Transfer of Property Act, 1882, Section 118 -- Suit for declaration that exchange of property between father of plaintiff with his brother is invalid - Maintainability - Property acquired by father of plaintiff in partition although is separate property qua other relations, but it is coparcenary property insofar as his sons and..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Suit for bare injunction against co-owners not maintainable - If at all plaintiff is entitled to suit property as such only remedy available to plaintiff is to seek appropriate legal redressal by seeking relief of partition...........
Hindu Succession Act, 1956, Section 6 -- Right of daughter and her mother - Partition - Daughter being co-parcenar by birth has right to sue for partition, as both son and daughter having conferred right of being co-parcenars by birth - Mother being legally wedded wife of co-parcenar also entitled to claim partition and separate possession of her share in joint family..........
Partition -- Prior partition between parties - Suit properties were already partitioned amongst legal heirs - Father of respondent No.1 already applied to Revenue authorities stating that his sons are living separately and therefore to enter their names of suit properties - Moreover, factum of prior partition also proved from the criminal proceedings in which respondent..........
Partition -- Claim by daughter and her mother - Part of properties were purchased by respondent No.8 along with other four co-owners - No evidence produced by respondent No.8 to show that he has any other source of income than income from joint family property - Said part of properties thus, purchased from income of joint family properties - Daughter and her mother held,..........
