Transfer of Property Act, 1882, Section 123 -- Cancellation of gift deed - Joint family property - Plea of fraud - Defendant and his witnesses have not substantiated the case of partition and valid execution of gift deed in question by plaintiff out of his free will and consent - No explanation for presentation of gift deed for registration on commission if the plaintiff..........
Himachal Pradesh Land Revenue Act, 1953, Section 134 - - Partition - Delivery of possession - A person can apply for delivery of possession within three years from the date of preparation of instrument of partition - If possession is not delivered within three years by revenue Court qua partition land then aggrieved person can file a suit for possession on the basis of..........
Possession -- Suit for possession on the basis of title - Suit land allotted to plaintiff in partition proceedings which attained the stage of finality - Title accrued in favour of plaintiff qua suit land after partition proceedings and the same u, rebutted on record - Defendant did not plead adverse possession over suit land - Status of defendant as co-owner is..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for partition - It is only the co-sharers and not co-occupiers who are necessary parties - Co-occupiers are not necessary parties and for their absence, suit cannot be dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - During pendency of suit defendant sold the suit property by way of sale deed in favour of her husband - Amendment sought to add prayer for declaration that said sale deed is sham and nominal - Application for impleading husband of defendant as party to suit already allowed - Amendment if..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - At the stage of judgment - Permissibility - Partition suit - Suit instituted in the year 2006 - However, no explanation on behalf of petitioner as to how all of a sudden he has gained knowledge about pendency of a civil suit and all other developments that have taken therein and moved an application..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleading of a party - Suit for partition - Subsequent bona fide purchasers - Scope of relief in a suit for partition cannot be changed to a suit for eviction and possession by impleading third parties, who are neither necessary nor proper parties to the original suit...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Partition suit - In the earlier suit issue of partition between parties had been finally decided - Second suit of partition of the same land is not maintainable - Plea of plaintiffs that partition was effected during their minority and it was unfair and unjust to the interest..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Previous suit instituted for declaration of title and injunction - Subsequent suit for partition and separate possession - Causes of action in both the suits is entirely different and subject matter involved in both suit is also quite different - Both suits are neither between same parties nor regarding same..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Additional prayer for declaration flowing from facts and averments already made in the original plaint and subsequent events happened between parties - Proposed amendment is necessary to determine the real controversy between parties as merits of case is not to be discussed at this stage..........
