Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interlocutory injunction - Partition suit - Defendants recognized as joint owners of suit property in a compromise decree passed in previous partition suit between defendant's father's family - No challenge made to compromise decree in previous partition suit - Defendants herein are absolute owners of suit property in..........
Hindu Law -- Partition - Claim by daughters - Plea of defendants of ancestral property - However, no evidence that properties were ancestral - Plaintiff daughters jointly entitled to 2/5th share in properties...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendants - Partition suit - If cause of action is joint and inseparable, entire suit or appeal abates if Lrs of deceased party are not brought on record...........
Partition -- Joint family property - Right of widow to claim partition - Defendants asserted that plaintiff widow deserted her husband and therefore she lost her right to claim partition - However, reason why plaintiff left the house is not forthcoming in evidence of defendants - Evidence on record shows that relationship between plaintiff and her husband were good - It..........
Partition -- Joint family property - Plea of self acquired property of father of defendants Nos.1, 2 - Property in question though granted to father of defendants, but it was held by joint family and was being cultivated by DW1 - DW1 stated that all the lands were held jointly - Gift of property in favour of grandson/DW4 thus, not valid, particularly, when documentary and..........
Partition -- Once shares are defined, whether by agreement between parties or otherwise, partition is complete...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining alienation of property - No documents filed by plaintiff for showing any of the items are the properties acquired in the name of plaintiff and nothing even showing any property a joint family property - Order granting injunction set aside - However, any alienation by defendant in favour..........
Civil Procedure Code, 1908, Section 47 -- Execution - Partition decree - Objection by transferee pendente lite - Appellant purchased the property during pendency of suit but prior to any preliminary decree being passed therein - However, appellant took no steps to apply to be impleaded in suit - Since appellant has purchased a share of a co-sharer in a partition suit..........
Specific Relief Act, 1963, Section 13 -- Readiness and willingness - Suit for recovery of earnest money - Allegedly, original owners were also not exclusive owners of specific khasra numbers which defendant agreed to sell - Even, they were also recorded to be owner of only share in joint holding with their co-sharers - Therefore, without getting partition of property any..........
Partition -- Limitation - Once parties are co-owners, it always depends upon plaintiff as to when he files suit seeking partition - No limitation is prescribed for seeking partition...........
