Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution - Partition suit - Decree for all purposes determined the entitlement or right to possession, mesne profits and first option regarding the mode and manner of working out shares in the event of default in the sale of subject matter - Direction to file a fresh application after passing of a Final Decree is completely..........
Partition suit -- Mesne profits - If a prima facie case is made out to take a view that plaintiff has share in property and defendant is deriving income from suit property to deprivation of plaintiff, then in such cases, Court as an interim measure can direct defendant in suit either to share or deposit profits derived from suit property subject to result of suit -..........
Partition suit -- Mesne profits - Application seeking interim mesne profits or profits gets more credence in appeals against decree for partition or in final decree proceedings where plaintiff established that property is joint family property and defendant is exclusively deriving income from suit property though plaintiff is in constructive joint possession of the same...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - Partition suit - Cross-objections filed by plaintiff on being aggrieved by refusal to grant any mesne profits - Parties to suit being co-owners, possession of each one of them has to be regarded as possession for and on behalf of all - No evidence to show that plaintiffs were completely excluded from..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, possession and for permanent injunction - Amendment sought to incorporate additional prayer of possession by partition and recovery of mesne profits - Proposed amendment if allowed would change the nature of suit, which is not permissible in law - Moreover, there is no explanation,..........
Benami Transactions (Prohibition) Act, 1988, Section 4(1) -- Benami transaction - Suit for partition, possession and mesne profits - Maintainability of suit - Plaintiff admittedly claimed 1/3rd share of suit property purchased in the name of defendant - Registered sale deed is in the name of defendant - Suit filed in 1990 after coming into force of Benami Act - It is not..........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Partition suit - Defendant is in settled possession of properties in question - Plaintiff who is aged person is residing somewhere else and has no intention to settle at the place where properties are situated - By way of final decree of possession in favour of plaintiff to the extent of his 1/5th share,..........
Hindu Succession Act, 1956, Section 6 -- (As amended) Partition - Mesne profits - In absence of any pleadings and proof and in absence of any enabling legal provision to award mesne profits in a suit for partition, plaintiff is not entitled to mesne profits or maintenance...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Suit for possession by two plaintiffs - Suit in respect of house jointly owned by both plaintiffs - Defendant in possession on part performance of agreement by one plaintiff - Property never partitioned - Actual possession and mesne profits not available to the other plaintiff - Remedy of partition and..........
Possession -- Suit for possession and mesne profits - Respondent No.1 came in possession with the consent of one of the co-owners - Construction too raised with his consent - Normally a co-owner not entitled to raise construction of permanent nature on joint land without the consent of other co-owner - As construction had already been raised as such appropriate remedy now..........
