Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Partition suit - Defendant is in settled possession of properties in question - Plaintiff who is aged person is residing somewhere else and has no intention to settle at the place where properties are situated - By way of final decree of possession in favour of plaintiff to the extent of his 1/5th share,..........
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d) -- Rejection of plaint - Suit for partition, possession and injunction - Predecessor-i, interest of plaintiffs had already received benefits under the Will of father of defendants therefore the claim of plaintiffs for partition of suit property is barred by principles of estoppel - Plaintiffs failed to show any cause of..........
Hindu Law -- Joint family property - Partition - Any co-owner may apply for partition at any time of an ancestral property - Death of earlier co-owner is not material...........
Hindu Succession Act, 1956, Section 6, Limitation Act, 1963, Section 3 -- Devolution of interest - Suit for administration and partition of estate of deceased - Limitation - Right to sue any of heirs and LR's of deceased father would accrue on the death of father - Plaintiff applied for partition more than a decade after death of his father when he learnt that defendant..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Partition suit - Suit property had already been partitioned between father of plaintiff and his brothers and they all were separated which is the findings also in earlier suit of partition - Findings by appellate Court in earlier suit will operate as res judicata in present suit - Since there had already been..........
Hindu Law -- Partition - Separate property - Partition has already been effected about 40-43 years ago - After the death of father of plaintiff her mother became absolute owner of separate property left by her father - In the capacity of an absolute owner of suit property sale deed executed by her was valid and genuine as she was possessed of property of her husband on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition and permanent injunction - By way of proposed amendment plaintiffs want to withdraw the admission already made in plaint and to introduce new facts regarding joint possession - From the inception plaintiffs have described that defendant No.1 is the adopted son of original owners -..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(d) -- Withdrawal of suit - Suit for specific performance - Initially the claim of plaintiff was that suit land was owned and possessed by defendant exclusively - But in the application for withdrawal of suit plaintiff claimed that suit land is part of a bigger plot purchased in the names of plaintiff, defendant and their..........
Limitation Act, 1963, Article 64, 65 -- Adverse possession - Suit for partition - Suit properties are streedhana properties of deceased - According to custom only daughters succeed to streedhana properties exclusively - But sons of deceased came to be in continuous adverse possession for 50 years - Daughters lost their right to claim possession by adverse possession and by..........
Hindu Marriage Act, 1955, Section 5 -- Customary form of marriage - Kudivaippu Marriage - Suit for partition - Under the Pristine Hindu Law, married daughters are not entitled to a share if their marriage was in Kudivaippu form after payment of streedhana to them at the time of their marriage - In the instant case, though defendants failed to prove the marriage of..........
