Partition -- Plea of partial partition - Defendants have failed to establish that properties listed by them in written statement which were not included by plaintiff in partition suit were actually joint family properties and thereby available for partition - When defendant failed to establish the same, onus does not shift to plaintiff to rebut the presumption - Suit not..........
Partition suit -- Partial partition - Suit for partial partition must fail...........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 20, Rule 18(1) -- Partition suit - Parties resolved dispute qua some of the properties - Court to draw partial decree accordingly in view of the terms and conditions arrived at between parties - So far as remaining properties for which no settlement..........
Partial partition -- Maintainability - If land in question is found to be property which can be dealt with by Revenue Court then, it would be bad for partial partition - However, if it is found that plaint scheduled property falls outside the scope of S.4 and S.158(2)(xvii) of Punjab Land Revenue Act then it is not open to urge plea of partial partition...........
Partition -- Partial partition - Principle that there cannot be a partial partition is not an absolute one - It admits of exceptions...........
Mohammedan law -- Partial partition is permissible amongst Mohammedans, as under Mohammedan law heirs of deceased Muslim succeed to a definite fraction of every part of his estate - Muslim co-sharers are not obliged to file a general suit for partition of all properties in which they are interested and there is nothing to preclude one of them from seeking a portion of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of partition suit - Suit for partial partition - Defendant sought complete partition of property at the stage when appeal was being heard at final stage - Parties are governed by Muslim law and even if Muslim law permits partial partition, defendants could have sought complete partition, but only at the stage of..........
Partition -- Partial partition - Parties consciously omitted to include residential property along with agricultural properties in partition deed of 1976 - Later on parties orally divided residential properties - Father released his 1/3rd share in residential property in favour of defendant - it will be improper to presume that father expressed relinquishment of his right..........
Co-sharer -- Partial partition - Suit for partial partition in absence of other co-sharers is not warranted in law...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Suit for partial partition dismissed - Subsequent suit seeking separate possession by way of partition - Not barred by res-judicata or O.2.R.2 CPC...........
