Partition suit -- Plea that plaintiff was dispossessed from property in the year 1957 - Since then defendant has been in exclusive possession and enjoyment of suit property paying property tax etc., with patta in his name - Held, with a view to putting an end to five decades old disputes between a sister and a brother, a reasonable settlement has been suggested -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Entire claim of plaintiff in the suit property is in contravention of provisions of Hindu Succession Act - Grand father of plaintiff being sole and absolute owner of property, died after coming into force of Hindu Succession Act - Property in..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for partition - Defendant taking plea of previous partition - Defendant will lead evidence first and thereafter plaintiff will lead evidence in rebuttal - Defendant is to lose if neither party adduces evidence...........
Civil Procedure Code, 1908, Section 11 -- Constructive res judicata - Earlier suit filed on the basis of award and its consequential enforcement was dismissed for defect in the jurisdiction of Court - Rights of plaintiff in subsequent suit for partition and recovery of properties filed on the basis of title and share in ancestral and common properties of firm did not get..........
Limitation Act, 1963, Section 14 -- Benefit of S.14 of the Act - Partition suit - Earlier suit was dismissed for reason of award being not registered under Registration Act - Subsequent suit filed for partition of same properties - Both prior and subsequent proceedings are civil proceedings prosecuted by and between the same parties relating to same matter and in the Court..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment - Necessary party - Partition suit - Sisters of appellant being legal heirs are proper and necessary parties for adjudication of suit - There is no bar to implead them even at the stage of final decree proceedings - Application allowed...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary party - Partition suit - All heirs in partition suit are entitled for share in suit property including daughters, irrespective of their marital status and any suit without impleading all legal heirs, is liable to be dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Partition suit - Every co-sharer is deemed to be in possession of every inch of joint land - Plaintiff, being a co-sharer is in possession of suit property, thus not required to affix ad-valorem Court fees according to value of suit property - No defect in valuation of suit -..........
Muslim Law -- Gift of property which is capable of division is irregular but can be perfected and rendered valid by subsequent partition or delivery - Exceptions to the rule are : where the gift is made by one co-heir to the other; where the gift is of share in a zemindari or taluka; where gift is of a share in freehold property in a large commercial town, and where gift..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading of a party - Suit for partition and separate possession - Transferee pendente lite - Necessary party - Allowed to be impleaded as a party...........
