Partition suit -- Both plaintiff and defendant Nos.1 to 7 have succeeded to the house in dispute after the death of `R' being his heirs - There is no Will or transfer deed or gift deed or relinquishment deed or any other such document in favour of defendant No.8 - Payment of utility bills would not confer her title of property - Without there being any document of title..........
Partition suit -- Suit dismissed qua four items of suit properties - Alleged oral relinquishment of said properties discarded by trial Court being not proved - No evidence is adduced that properties in question were purchased only out of joint family funds in the names of members of joint family thereby entitling plaintiff to a share in the same - Suit rightly dismissed..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Partition suit - Issue of limitation is a mixed question of law and facts and therefore, same is required to be considered after looking into the evidence that could be adduced by parties in a full dressed trial - Suit for primary relief of partition and separate possession..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - Parties entered into compromise - One party relinquished her share in subject matter of suit by receiving some amount - Said relinquishment is taken on record - Parties have agreed to share property as per said entitlement - Suit rightly decreed in terms of compromise...........
Limitation Act, 1963, Article 113 -- Limitation - Claim of absolute ownership by defendant - Partition suit - Plaintiff in 1980 relinquished his title over suit property - Suit for partition was filed by plaintiff in 2004 - Defendant did not make any attempt within three years from registration of said deed of sale or within period of limitation from date of declaration..........
Partition suit -- Death of Christian intestate - Relinquishment of share by daughter - Daughter of deceased/owner married to Hindu man and converted to Hinduism - Despite the same, daughter was paid Rs.50,000 and some gold ornaments for relinquishing her right in suit property and she accordingly relinquished her share - Daughter thus, has no share in suit property -..........
Partition suit -- Plea of relinquishment of share by plaintiff/daughter - Defendant denied the share of plaintiff by relying upon consent letter - Consent letter given for the purpose of entering name of defendant in revenue records - Said consent letter would not amount to a relinquishment of right, title and interest of plaintiff in suit schedule properties - Even said..........
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..........
Joint family property -- Suit for partition - Execution of relinquishment deed - Plaintiffs executed relinquishment deed and relinquished their right, title and interest in joint family properties on their own will and volition receiving an amount of Rs.6 lakhs from defendants - But later they took the plea that deed was obtained by fraud - Except ipse dixit statement of..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Partition suit - Defendants pleaded that their father executed Will in favour of his second wife/mother of defendants bequeathing all his properties - Details of said Will not furnished by defendants - Plaintiff on the other hand brought to light a registered Relinquishment deed executed by defendants..........
