Record of rights -- Entering name - Applicant has to be a holder, occupant, owner, mortgagee or tenant - Such a right is also available to a person acquiring interest in the property by succession, survivorship, inheritance, partition, purchase mortgage, gift, lease or otherwise - Merely a holder or occupant does not meet the requirements of law for exercising such a..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Police help - Decree in favour of two co-sharers - One co-sharer causing hindrance to the other in raising construction - Police help to one co-sharer cannot be provided by Executing Court - The only remedy available to the co-sharers is to seek partition of the joint khewat, in accordance with law...........
Punjab Land Revenue Act, 1887, Section 118 -- Partition - Application for partition of land dismissed in default - Application for restoration of application for partition made - Notices required to be given to all respondents in the application for partition - Restoration of application done on statement of one of respondents whereas all respondents should have been..........
Punjab Land Revenue Act, 1887, Section 118 -- Partition - Service is required to be affected on all respondents - Opportunity to file reply should be given - Once court concludes partition proceedings should continue then naksha alf (K) is called in from Assistant collector depicting shares of parties, actual possession, excess or less land is indicated - Statements of..........
Hindu Law -- Ancestral property - Partition - Separate mess - A division in mess does not constitute a division of all properties and there is no such presumption in law for such an inference...........
Hindu Law -- Ancestral property - Partition - If partition was not proved, even father/Karta had no power under Hindu Law to make a release of his own undivided share...........
Hindu Law -- Ancestral property - Partition - If existence of ancestral family nucleus was admitted fact and if properties had not been mutated in the names of several persons, Courts below were justified in holding that family holding continue to be joint and plea of oral partition as propounded by defendants cannot be accepted...........
Agreement to sell -- Specific performance - Defendant proved to be exclusive owner of suit property - Share of brother of defendant was already segregated in family partition - Question of title in a suit for specific performance is not required to be gone into - All pleas taken in defence by defendant are only for the purpose of denying right created in favour of..........
Family Courts Act, 1984 - - Partition - Once the family settlement had been acted upon and defendants had been given residential accommodation exclusively as per family settlement, defendants left with no right over house retained exclusively by their father...........
Hindu Law -- Ancestral property - Partition - A coparcener cannot claim partition during lifetime of karta...........
