Civil Procedure Code, 1908, Section 100, Order 20, Rule 18 -- Partition - Ancestral property - Plaintiff, brother claiming share over ancestral residential house standing on portion of suit land allotted in favour of defendant, brother - As per preliminary decree plaintiff and defendant allotted two equal shares without partition of house - More so, report of Civil Court..........
Partition -- Co-owners - If one of co-owner is excluded by others, excluded co-owner has right to claim re-partition of properties subject to law of limitation and claim of ouster and adverse possession...........
Partition -- Co-owners - Once partition is effected between some of co-owners and that is re-worked on account of challenge by excluded co-owner, original partition deed does not have any legal effect, except touching reservations and equities emanating from original document...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Against sale of life interest in property - Testator created life interest for his wife and then for his daughters and ultimately the property would vest in his grand children i.e. between plaintiff and defendant - Plaintiff alleged that defendant were trying to sell their undivided life interest to..........
Civil Procedure Code, 1908, Section 97, Order 7, Rule 7 -- Preliminary decree of partition - Correctness of preliminary decree cannot be challenged in final decree proceeding when no appeal was preferred by defendant against preliminary decree - However, issue as to boundaries and description of suit properties consistently and sufficiently averred by defendant to warrant..........
Hindu Succession Act, 1956, Section 23, 6(u -- Dwelling house - Hindu Undivided Family Property - Partition sought by daughter - Plaintiff was not coparcener on the date when her father passed away - Upon death of her father, u/s 6 of the Act, notional partition of his share in HUF takes place - To the extent property is nationally partitioned, plaintiff being daughter..........
Hindu Succession Act, 1956, Section 23, 6(u -- Dwelling house - Hindu Undivided Family Property - Partition sought by daughter - Plaintiff was not coparcener on the date when her father passed away - She was married during life time of her father and she had neither deserted nor separated from her husband - On the date when suit was filed, S.23 of the Act was in force and..........
Suits Valuation Act, 1887 -- Plaintiff claiming share in property left by his mother - Defendants, other sons and daughters, took plea that their mother executed Will in their favour while divesting plaintiff from suit property - Plaintiff clearly knew of execution of Will after demise of his mother but remained reluctant in asserting his right for 17 years - Validity of..........
Partition suit -- Agreement to sell in favour of intending purchasers - Appellants being intending purchasers claiming interest in suit land from original holders of suit land - However, original holders have no subsisting right, title and interest in suit land, as whatever rights, title and interest they had, same were transferred to auction purchasers through Court..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 17 -- Jurisdiction of civil Court - Civil suit for partition - Not maintainable when proceedings under SARFAESI Act had been initiated - Remedy against initiating proceedings under SARFAESI Act lies u/s 17 which provides for an efficacious and adequate remedy..........
