Partition suit -- Co-sharers - Plea of ouster - Defendant intended to exclude only plaintiff from suit property by plea of ouster - However, other co-owners do not dispute title of plaintiff - Moreover, defendant curiously does set up exclusive title in himself as he is claiming 1/4th share thereby admitting title of other co-owners - Even, defendant was in possession of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration without seeking relief of possession - Maintainability - Parties are co-owners of suit property - Suit for declaration without seeking relief of possession is maintainable...........
Co-owner -- Rights and liabilities - (i) A co-owner has right and interest in the whole property and also in every parcel and infinitesimal portion of the co-ownership property; (ii) No doubt possession of the joint property by one co-owner is in the eye of law, possession of all even if all but one are actually out of possession; (iii) One co-owner's mere occupation of a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-owners - Injunction - Law is not rigid that in no case injunction can be granted against co-owner - Injunction can be granted at the instance of one co-owner against another co-owner : (a) If one co-owner prevents the other from enjoying the common property, the affected co-owner can certainly approach the Court for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs though assert themselves to be owners in possession of suit property for last 37 years, but however, not even a single document has come on record to substantiate the plea of ownership or possession - In fact, plaintiffs now admit possession of defendants over suit property - Application..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Petitioners sought their impleadment on the ground that they have right in the suit premises - However, nothing on record to substantiate claim of petitioners that they are co-owners of property - Stand of tenants is the same as that of petitioners, which indicates that petitioners..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(3), Land Acquisition Act, 1894, Section 48 -- Acquisition of land - Lapse of acquisition proceedings - Once High Court passed order as to lapsing of acquisition proceedings by virtue of S.24(2) of 2013 Act - Land owners cannot revert back on plea raised..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-owners - Co-owners were in settled separate possession of joint property by mutual understanding - Their separate possession of joint property was with each other's consent - Plaintiff/co-sharer had already raised construction over a portion of joint land in his exclusive possession - He thus, cannot..........
Rent and eviction -- Authorized tenant - Tenant in possession on the date of commencement of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Amendment Act, 1976 with the consent of original owners - He shall be deemed to be a tenant by virtue of S.14 of U.P. Urban Buildings Act, as u/s 14 of said Act, a tenant in occupation of a building with the consent..........
Land Acquisition Act, 1894, Section 23, 34 -- Acquisition of land - Compensation - Interest - Possession of land acquired was taken in the year 1984/1992 - However, there is no evidence that such land was being put to use by landowners even prior to taking of possession by State - But fact remains that possession was taken without payment of compensation depriving..........
