Specific Relief Act, 1963, Section 22(2), Specific performance -- Relief of possession - S.22 of the Act in order to avoid multiplicity of proceedings, allows plaintiff to amend the plaint to include a claim for relief of possession, partition etc. at any stage of proceeding...........
Will -- Execution of Will by mother in favour of plaintiff - Father is disputing the alleged execution of unregistered Will executed by his wife - Burden is on plaintiff to prove the alleged unregistered Will as per the provisions of Ss.68, 69 of Evidence Act - Since alleged Will is not proved by plaintiff trial Court rightly ordered for partition of the plaint-C schedule..........
Partition -- Preliminary decree - Modification - Father of parties died intestate pending appeal - Share of father has to be allotted to LRs on record - Suit properties divided into six equal shares and plaintiff is entitled to one such share in it...........
Hindu Succession Act, 1956, Section 14(1) -- Property of female Hindu - Life interest given to woman under partition deed - Thereafter property will devolve upon by succession...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Property has been partitioned in view of subsequent development and instrument of partition has been prepared - There is severance of status between co-sharers - Co-sharers are entitled to take possession in implementation of instrument of partition - Prayer for injunction thus, become infructuous...........
Evidence Act, 1872, Section 115 -- Estoppel - Partition suit - Plaintiff admitted title of defendant no.1 to the extent of part of suit property in earlier proceedings - Having admitted said facts in earlier proceedings, plaintiff is estopped to claim that whole of property belongs to his paternal grandfather - Plaintiff thus, failed to prove the foundational fact that..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Partition suit - Plaintiff and defendant are siblings and delay is only 92 days - One opportunity be given to plaintiff in the interest of justice to put forth her case on imposition of terms and cost - Suit restored subject to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Defendant being a vendee under a co-sharer can only claim possession by seeking partition of joint land - Till the defendant seeks separate possession, plaintiffs have a right to protect their possession - Defendant is not in a position to demonstrate that his vendor was in exclusive..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating or encumbering properties till disposal of main suit - Partition suit - Suit filed on basis of Will and gift deed - There is dispute regarding subsequent Will - However, with regard to first Will, all family members have got properties - As regarding gift deed,..........
Limitation Act, 1963, Article 136 -- Limitation - To execute final decree in a partition suit - Time begins to run from the date of final decree and not from the date on which it is engrossed on stamp paper...........
