Indian Contract Act, 1872, Section 29 -- Suit for partition - During pendency of suit plaintiff executed undertaking qua plaint schedule item No.6, in favour of defendant whereby plaintiff agreed to be satisfied with whatever amount defendant may give him at the time of sale of such item of property - Terms are vague and uncertain - Period within which property is to be..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Without issuing notice to defendants/petitioners - Partition suit - Commissioner appointed to take measurements of suit property in terms of preliminary decree - While taking mere measurements of property which is to be partitioned, irrespective of presence of any of party, measurements..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession/eviction - Plaintiff is claiming ownership over shop in question on the basis of preliminary partition decree - Admittedly, preliminary decree cannot be questioned by defendants as they have no locus standi to challenge the same being tenants and has not alleged that preliminary..........
Partition suit -- Settlement deed - Father of plaintiff and defendant Nos.2 to 4 executed a registered settlement deed in their favour and by virtue of said settlement deed, plaintiff is having 1/4th undivided share in suit property - However, defendant Nos. 2 to 4 alienated entire suit property to defendant No.1 under a registered sale deed - Defendant No.1 also without..........
Hindu Law -- Joint Family Property - Alienation by Karta - Karta sold the suit property to defendant No.5 to meet expenses of marriage of daughter i.e due to legal necessity - Money receipts for sale consideration were signed by two of coparceners, as well as wife of Karta and daughter, whose marriage expenses are stated to be reason for sale - These circumstances..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Father of plaintiff acquired property by way of partition that took place in 1986, which fell in his hands as his self-acquired property - Admittedly, plaintiff does not fall in any of categories of Class I heirs of grandfather as prescribed u/s 8 of Hindu Succession Act and inheritance..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and permanent injunction - Ancestral property - Partition has not taken place and if without any partition, transfer of disputed property is done, then same would amount to multiplicity as well as complexity of litigation - Application allowed. ( Paras 7 & 8)..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Suit lands cannot be said to be coparcenary property of plaintiff - Those are coparcenary property of her mother - But mother is not coming forward claiming partition - Plaintiff has not acquired any birth right - Therefore, there is no unobstructed..........
Easements Act, 1882, Section 13 -- Easement of necessity - Mere pleading that there is no alternative way to enter the property is insufficient to establish an easement of necessity - An easement of necessity arises through severance and can be either expressed or implied - Foundation upon which statute recognizes an easement of necessity is unity of title of a property..........
Stamp Act, 1899, Section 3 -- Stamp duty - Consent decree - Plaintiff has prayed for partition of suit property left behind by his father and during pendency of suit, plaintiff and defendant settled their dispute and have entered into terms of Settlement - Plaintiffs and defendants were not having any pre-existing right over property - Merely by executing a terms of..........
