Civil Procedure Code, 1908, Section 10 -- Stay of proceedings in subsequent suit - Two different suits filed in different jurisdiction for same estate - Suit at Ambala seeks decree of mandatory injunction directing petitioner to vacate suit premises and hand over its possession on basis of oral family settlement in 1998 whereas suit at Meerut seeks partition of entire..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Defendants alleged that some of properties are not partiable and they became exclusive owners of suit property after death of their father - In view of said stand, defendants shall begin first - Only when defendants lead some evidence in proof of their case, plaintiff shall be obliged to lead..........
Partition -- Settlement between parties - Tehsildar accordingly forwarded report and made an equitable distribution of property by demarcating it in metes and bounds - Appeal disposed of in terms of report submitted by Tehsildar and same shall form part of the decree...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Unregistered partition deed - Said document can be relied on only for collateral purpose - In present case, plaintiff failed to prove possession over suit land, thus, said partition deed could not be used for collateral purposes - More so, plaintiff also failed to..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-sharer in joint possession - Restraint order that without seeking partition, parties not to alienate, mortgage and raise construction - If one of the parties/co-sharer is granted liberty to raise construction, it would create multifariousness, much less, create impediments and hindrances at the time of drawing of..........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35 -- Unregistered and unstamped partition deed - Admissibility - Unregistered partition deed can be admitted in evidence for collateral purpose and document in question can be marked subject to payment of stamp duty and penalty. Paras 7 & 8)..........
Partition -- Partial partition - Parties consciously omitted to include residential property along with agricultural properties in partition deed of 1976 - Later on parties orally divided residential properties - Father released his 1/3rd share in residential property in favour of defendant - it will be improper to presume that father expressed relinquishment of his right..........
Civil Procedure Code, 1908, Order 12, Rule 6, Evidence Act, 1872, Section 58 -- Facts admitted need not to be proved - Suit for partition - Defendant No.1 admitted the claim of the plaintiff, however, case remained pending for consideration - Court granted time to parties to enter into compromise but no settlement could be arrived - Thus, plaintiff filed an application to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Suit for partition - Appointment of Advocate Commissioner to take inventory of locker standing in name of deceased - Order appointing Commissioner to take an inventory of the locker and for recording availability of documents and to file a report to that effect - No infirmity in the order passed...........
Partition suit -- Leasehold property can be partitioned for use and occupation...........
