Agreement to sell -- Co-owners - One of the co-owners agreed to sell land - No law prohibits a co-sharer from alienating his share in the joint property - Any alienation so made by a co-sharer is always subject to the partition and rights of other co-sharers - The vendees simply step into the shoes of the vendor-co-sharers and will acquire status of a co-sharer and all..........
Partition Act, 1893, Section 2, 3, 4, Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Not convenient to partition the property by metes and bounds - Value of property made and sale made in favour of one of co-sharers who made higher offer - None of the co-sharers raised any objection - Sale confirmed - Sale cannot be set aside on a higher offer by a co-sharer..........
Adverse Possession -- Partition suit - Ouster of co-sharer pleaded - Implies acknowledgment of title of co-sharer - Plea of ouster not established - Title of other co-sharer must be held to have been accepted...........
Co-owner/Co-sharer -- Partition - Separation of joint status - How and when - Any co-sharer can cause a severance in the status of joint family by expressing his unequivocal intention to separate - Such intention can be expressed even by filing a suit for partition - But, despite such separation in joint status, parties may continue to possess the lands jointly unless a..........
Partition -- Co-owner/Co-sharer - Family settlement - Severance of joint status - Before the Court reject a claim of partition of joint family property, at the instance of all the co-owners, it must be established that there had been a partition by metes and bounds by reason of family settlement...........
Partition -- Co-owner - Joint family property - Family settlement - Relinquishment of rights in property to take effect in future on payment of amount - Amount not paid - One of the co-sharers not signatory of the family settlement - Suit for partition - Resisted on the plea of family settlement - By purpored deed of family settlement, co-owners had not partition the joint..........
Punjab Land Revenue Act, 1887, Section 111, 116, 117, 118, 119, 120, 121, Specific Relief Act, 1963, Section 37 -- Mode of partition - Ex-parte proceedings - Civil suit for injunction by the respondent, proceeded ex-parte - Injunction refused. Held - Civil Suit for injunction is different from partition proceedings. Injunction normally refused qua another co-sharer of a..........
Adverse Possession -- Suit for declaration of title on the basis of adverse possession - Co-sharer claiming adverse possession of the joint land - Co-sharers presumed to be in possession unless contrary is proved - Mere assertion of title by in itself not sufficient - Intention of possessing (animus possidenti) to be proved - Act and conduct of parties show intention of..........
Partition -- Co-owners - Improvements made by one co-sharer on common property without obtaining express consent of other sharers to make improvements - One co-sharer cannot build upon a common property in such a way as to defeat the legitimate rights of other co-sharers - Law does not recognise any such right in one co-sharer to make improvement in co-ownership property..........
Partition -- Protection of possession of tenant - Suit for partition of joint house - One portion in possession of tenant - Preliminary decree passed - DH filed application for execution - Objection by tenant - Dismissed by one of the co-sharer that he cannot be evicted in execution of decree - Held - Tenant cannot be thrown out in execution of decree. After partition is..........
