Registration Act, 1908, Section 17(2)(v) -- Partition deed - Requires compulsory registration - In absence of registration the same cannot be read in evidence to prove partition between the parties...........
Adverse possession -- Co-sharer - Notice issued in 1955 claiming partition of property - However, suit filed in the year 1979 - Held, in order to oust one of the co-sharers only on the basis of the so called notice cannot be deemed to be sufficient to come to a conclusion of adverse possession or extinguishing her rights - In order to prove adverse possession something..........
Partition -- Nature of property - Burden of proof -Suit for partition and determination of share and possession - Initial burden on the plaintiff to show that entire property was Joint Hindu Family Property - After initial discharge of burden, defendant to show that property claimed by them was not purchased out of Joint Family nucleus and it was purchased independant to..........
Punjab Land Revenue Act, 1887, Section 123 -- Private Partition, honouring of - Application for partition rejected after spot inspection as co-sharers and the parties on the basis of the family partition are in possession of their individual taks, had individual bores, electric connection, approved house plans and separate Girdawari's - Passages also provided for..........
Stamp Act, 1899, Section 35, 36, Civil Procedure Code, 1908, Order 13, Rule 4 -- Suit for partition - Earlier partition - Document relating thereto - Such a document goes to the root of the matter and it is not pressed into service for any collateral purpose - Such a document is pressed into service to prove that there was an earlier partition and the present suit itself..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Partition suit - Rejection of plaint sought for - Plea of property being benami - Further alternative prayer to treat plea of benami as preliminary - Not tenable - Only can be decided after evidence - Entire suit cannot be thrown out on the plea of benami as being barred by Act...........
Specific Relief Act, 1963, Section 6 -- Suit for possession - Agreement to purchase two flats between developer and plaintiff - Plaintiff was to make internal changes at his own cost - Developer gave possession of two flats which then consisted of outer walls on four sides without any partition, doors and windows - Plaintiff erected walls, partition doors, windows etc. at..........
Easement Act, 1882, Section 13, 15, Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction restraining defendant from causing any obstruction in user of right of way - Agricultural land partitioned between real brothers - In partition deed itself the way granted to them for cultivation of agricultural lands allotted to their shares - Oral evidence in direct..........
Registration Act, 1908, Section 49 -- Unregistered partition deed - Admissible in evidence for collateral purposes viz. to establish severance of status and nature of possession...........
Evidence Act, 1872, Section 114 -- Adverse inference - Suit for partition as adopted son - Issue of adoption - Fact that natural father though alive not examined to prove factum of adoption - Non examination does not amount to suppressing material evidence in absence of proof that examination of natural father would have been detrimental to case of plaintiff...........
