Suit for possession -- Self acquired property of mother-in-law - Right of daughter-in-law - Plaintiff/mother-in-law is absolute owner of suit property which was purchased by her vide Sale Deed - Suit property is self acquired property of plaintiff - Defendant/daughter-in-law not denied that house in dispute is in the name of plaintiff - However, she submitted that said..........
Joint Family Property -- Co-sharers - Co-sharer/co-owner is the owner of every inch of the land till such time partition is not effected...........
Partition suit -- Land in question was partitioned between four brothers of father-in-law of plaintiff - Plaintiff categorically stated that her father-in-law was owner of property and even PW2 also deposed to the same - Defendant no.1 failed to prove that land was gifted to him - He held such property as Karta of Joint Family property fallen to share of his deceased..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Sufficient reason for wife to stay separately from her husband - Wife averred and established that she is totally dependant upon her parents for her daily expenses - Husband owner of two acres of land and he has mentioned his annual income to be Rs.20,000/- - Husband an able bodied person and it cannot be..........
Family settlement -- Suit for declaration - Plaintiff alleges that written compromise executed between parties in which defendant has to leave his part of land in favour of plaintiff - However, no reasonable cause has been given in the said document as to why he is leaving the land in favour of plaintiffs - It is not a valid agreement for want of consideration, as no..........
Consent decree -- Family settlement by a Hindu female with her nephews (brothers sons) - Hindu female succeeded to half share of her husband in agricultural land after his death - She was absolute owner of said half share when she entered into family settlement with his nephews/defendants - Defendants being brother's son of female are not strangers to family - Consent..........
Joint Hindu Family property -- Suit for declaration that plaintiff is owner of suit land to the extent of 3/10th share - Plaintiff failed to lead reliable evidence that suit property is coparcenary property - He has not examined any elder member of family or villager - There is no evidence that grandfather of plaintiff had ever thrown self acquired property in common..........
Partition suit -- Joint family property - There is unity of title and continuity of possession of plaintiff and defendants over suit land - Suit property is not partitioned as yet and plaintiff being joint owner of suit property has right to partition to extent of her share and plaintiff is entitled for 1/7th share in suit property - Alienation of portion of property in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Husband denied having income as alleged by wife - Even there is no specific averment by husband as regards his income - Adverse inference rightly drawn by family Court that husband is an able bodied person and must be earning minimum wages apart from being an owner of 12 acres of land, thus, rightly..........
Joint Hindu Family Property -- Where Karta was a big land owner owning various properties, it was obligatory on part of plaintiff to disclose and give details of all properties which according to him form part of Joint Hindu Family Property - A party cannot be selective in alleging that one property is joint Hindu Family Coparcenary property whereas remaining are not...........
