Wakf Act, 1954, Section 6, 7 -- Wakf property - Jurisdiction of Tribunal - Wakf Board filed a suit in Tribunal for joint possession of land in 1972 - Act came into enforce in 1995 - Held, Tribunal could not have entertained and decided suit - It was only within the jurisdiction of civil Court - U/s.6 r/w S.7 of the Act, institution of suit in civil Court is barred only..........
Hindu Law -- Joint family property - Sale by joint owner - Cancellation of - Joint owner never produced as witness - Therefore, plaintiff brother of joint owner could not claim that fraud was played on joint owner to sell his share to third party - According to sale-deed, consideration was, indeed, paid to joint owner - Thus, share was not sold without consideration - No..........
Evidence Act, 1872, Section 3 -- Expression "not proved" - Suit for cancellation of sale deed executed by joint owner - Issue regarding parentage of plaintiff brother of joint owner - Clear finding on issue not given - Finding that fact whether plaintiff was real son of owner or not, not conclusively proved by either parties - Thus, trial Court was of opinion that issue..........
Protection of Women From Domestic Violence Act, 2005, Section 17,2(f),19,37(2) -- Wife has a right to reside in shared household - Husband and wife lived together in the house in joint family after their marriage - Contention that house belongs to father of husband and wife cannot be permitted to live therein - Contention repelled - Held, wife has right to reside in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Agreement to sell - Unregistered - Restraining defendants from dispossessing plaintiff - Property in dispute is joint property - Not possible to give possession to plaintiff over any specific portion of property - Neither in alleged deed nor in plaint, any specific portion of property shown over which..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem court-fees - Liability to pay - Sale of joint family properly by `Karta' of family - Suit for declaration of permanent injunction and possession by son of Karta - Son of Karta would be liable to pay ad valorem court-fees...........
Agreement to sell -- Co-sharer - A co-sharer can sell his undivided share in joint property including a share in an agricultural land and the purchaser of such share comes in the shoes of the seller and he becomes co-sharer with the remaining sharers...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Validity - Plaintiffs/respondents and defendant No.1/petitioner are sons and grand-sons of `B' - In jamabandi they are depicted to be joint owners as well as in joint possession of suit land including khasra No. in which disputed tube-well and electric connection in question stand..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - No dispute that all the parties constituted a joint Hindu undivided family - Admittedly there was no prior partition deed or a decree of Court - Held, plaintiff being a coparcener in the Joint Hindu Undivided Family of deceased was entitled to 1/6th share as determined by Trial Court - Appeal..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of Court Commissioner - Two reports from T.I.L.R. office on record - Report after measurement of land of plaintiffs indicates that there was encroachment, however, the report after measurement of land of defendants shows that there is no encroachment - Held, a fit case in which trial Court or lower appellate..........
