Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Joint owners - Petitioner raised construction on a part of the suit land - Held, petitioner has waived her right to assail and question the construction being raised by the respondents...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners, joint-owners - (i) a co-owner is not entitled to an injunction restraining another co-owner from exceeding his rights in the common property absolutely and simply because he is a co-owner unless any act of the person in possession of the property amounts to ouster prejudicial or adverse..........
Hindu Law -- Ancestral property - Decree of gift - If land is transferred by way of civil decree, acquisition of said land at the hands of beneficiaries becomes self acquired property and loses the character of joint Hindu coparcenary property. (2010(3) Civil Court Cases 072 (P&H) followed.)..........
Hindu Law -- Joint family property - Partition - Father died in 1973 leaving behind his widow and four sons - Ancestral property in the hands of father and other coparceners, devolved by succession u/s 8 of Hindu Succession Act and thus, ceased to be joint family property on the death of father - Widow and other co-parceners held the property as tenants in common and not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Entire claim of plaintiff in the suit property is in contravention of provisions of Hindu Succession Act - Grand father of plaintiff being sole and absolute owner of property, died after coming into force of Hindu Succession Act - Property in..........
Specific Relief Act, 1963, Section 6 -- Suit for possession - Joint family property - Merely because property is joint family property, possession of one of co-owners cannot be treated as possession of all co-owners...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Partition suit - Every co-sharer is deemed to be in possession of every inch of joint land - Plaintiff, being a co-sharer is in possession of suit property, thus not required to affix ad-valorem Court fees according to value of suit property - No defect in valuation of suit -..........
Civil Procedure Code, 1908, Order 22, Rule 2, 3 -- Eviction petition - Petition filed by four joint owners - Death of one plaintiff - Abatement of suit - Suit for eviction can be filed by one of them or some of them without joining the others as plaintiff - Since surviving plaintiffs could have filed eviction suit even without joining the deceased plaintiff, right to sue..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 21, 22 -- Eviction - House exclusively belongs to mother-i, law - Existence of a joint family does not lead to presumption that property held by any member of family is joint, and the burden rests upon anyone asserting that any item of property was joint to establish that fact - House in question..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-sharer - No injunction can be granted against co-sharer - Only efficacious remedy available to co-sharer is to seek partition of joint land...........
