Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition and separate possession filed by plaintiff to the extent of 1/4 share under Mohd. Law - Suit decreed - Appeal allowed by appellate court - High Court allowed second appeal without formulating substantial questions of law - Held, jurisdiction of High Court u/s 100 of CPC is not akin to appellate..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent finding of fact - Not to be interfered - Both Courts below have recorded concurrent finding of fact that deed in question was a partition deed and it was duly registered - Held, it will not be possible for High Court to substitute its own view to the view taken by lower Courts and set aside concurrent..........
Civil Procedure Code, 1908, Section 54 -- Partition - Equal distribution - One of the stipulations of proposed partition was maintaining possession of the shareholders - Appeal thereagainst dismissed by Collector - Revision against order of Collector allowed by Commissioner by holding that changes can be made in the mode of partition and the possession of the parties can..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings - Oral partition - Through oral family settlement amongst defendant and his two brothers of north portion of disputed house fell in the share of "S", who sold the same to plaintiffs - Court below have recorded a finding that once the portion fell in the share of "S" that was purchased by..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Setting aside of - Partition suit decreed - In first appeal decree modified on the basis of compromise between parties - Defendant No.1 filed cross appeal challenging correctness of decision of appellate Court on the ground that compromise neither recorded by appellate Court nor parties were present in..........
Evidence Act, 1872, Section 115 -- Estoppel - Applicability - Appellant simply alleged in written statement that partition was carried merely on papers - Warrant of ejectment was never executed at the spot and application for partition was allowed without following proper procedure and law governing partition - Fact that partition proceedings took place and appellant was..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Both Courts below rejected share of plaintiff in item Nos.1 to 3 of Schedule I of suit properties on the only ground that plaintiff claimed those properties also for partition that he is legal heir of "V" and not as legal heir of deceased "V's" deceased daughters - Held, preliminary decree passed..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Hindu Law - Joint family property - Partition deed - Appellants have successfully rebutted the presumption of continuance of joint family and they have proved that suit property was partitioned long time back by metes and bounds - Each of the three holdings has its own area and contours - It is not just a case of mere..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Legal heirs - Suit for partition - Preliminary decree passed wherein it was held that mother and brother of defendant had no right, title and interest in the suit property - Final decree proceedings based on the right declared in preliminary decree - As right of mother was negated in the preliminary decree, non..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Defendant No.1 though a minor at the time of compromise entered into between "B" and defendant No.1, was represented by his mother - He never challenged said compromise within three years after attaining majority - Basing on the said compromise, Record of Rights has been prepared jointly in the name of..........
