Specific Relief Act, 1963, Section 38, 39 -- Co-owners - Suit for permanent or mandatory injunction - Not maintainable against another co-owner, notwithstanding the fact that different co-owners may be in a separate actual possession of distinct portions - In such circumstances, the only appropriate and legally permissible course open to plaintiff was to seek partition of..........
Specific Relief Act, 1963, Section 38 -- Injunction - Co-sharers - Parties i.e plaintiffs and defendant are co-sharers - In the absence of any evidence led by plaintiff that she was in exclusive possession of suit land and that there had been a partition, suit for injunction qua a co-sharer is not maintainable...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - In the absence of evidence that plaintiff is in exclusive possession of the property and there had been a partition, suit for permanent injunction against co-sharer is not maintainable - The only remedy for plaintiff would be to seek partition of suit land...........
Specific Relief Act, 1963, Section 38 -- Injunction - Co-sharers - No suit for injunction would be maintainable against co-sharers and the only remedy would be to seek partition...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Simpliciter suit for permanent injunction is not maintainable without bringing any suit for declaration or partition, where parties are co-sharers and plaintiff is not having absolute ownership over suit land...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration and injunction without seeking relief of partition and possession is maintainable, as plaintiff has approached the Court with a claim that he is co-sharer and co-sharer are presumed to be in possession of entire property - Cause of action is very well shown in the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Earlier suit for declaration and permanent injunction filed by plaintiff dismissed - Subsequent suit filed for partition on different cause of action - After death of mother of plaintiff, Will came into force and plaintiff is challenging the same and regarding same relief of declaration..........
Specific Relief Act, 1963, Section 38, 41(h) -- Injunction - Co-sharers - Restraining defendant from raising construction and alienating specific portion - Plaintiff has equally efficacious remedy of partition - Suit for injunction is not maintainable...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for partition of ancestral property was filed by sister of plaintiff against plaintiff and their father - Sister of plaintiff got equal share in said suit - Said findings attained finality being not challenged - Argument that said property is self acquired property is not sustainable when the issue is..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by father in contravention of S.8(1) and S.8(2) of the Act - Suit for partition and injunction filed by minor after attaining majority - Without seeking relief to set aside document of alienation suit cannot be entertained being not maintainable, as relief to set aside transaction forms..........
