Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from interfering with plaintiffs right to construct a compound wall as per Partition deed of 1963 - There is no time limit prescribed under said partition deed for plaintiffs to put up compound wall - Plaintiffs exercised their right to put up compound wall only in the year 1994 -..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from interfering with plaintiffs right to construct a compound wall as per Partition deed - Defendants neither disputed partition deed nor established their right to claim adverse possession to prevent plaintiffs to exercise their right available to them under partition deed - Plaintiffs..........
Easements Act, 1882, Section 15, Specific Relief Act, 1963, Section 38 -- Right to pathway - Injunction suit - Right of way given to all parties under partition deed - There was thus, no necessity for an additional pathway running through entire extent of 69 cents - Contention of defendants that they do not have an alternative pathway is absolutely false statement -..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband disclosed that his father had 25 acres of land and after partition 5 acres of land is in the name of husband - Land in the name of husband is a valuable land - Permanent alimony of Rs.2 lakhs as awarded by trial Court is on lower side - Permanent alimony awarded as Rs.8 lakhs to wife...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(g) -- Wrongful dispossession - Allegation that accused not only blocked the passage of complainant but they have also encroached upon land belonging to complainant by erecting boundary wall - However, there is no evidence on record that land came to be occupied by accused after..........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 6 -- Vacant land in excess of ceiling limit - Joint family Property - Partition of land was only affected after commencement of Act - Partition deed rightly held, would not affect validity of competent authority's determination of excess land owned by joint family at the time of commencement of the Act...........
Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Daughter would inherit equal share as that of son in ancestral properties and date of death of father whether before or after date of amendment to S.6 of the Act, would be irrelevant - Plaintiff and defendants Nos.1 & 2 entitled to 1/3rd share each...........
Civil Procedure Code, 1908, Section 25 -- Transfer of testamentary case - Testamentary case is pending in High Court of Uttarakhand and its transfer sought to District Court Delhi - Since Will set up by petitioner covers properties located both in Nainital and Delhi, both these Courts have concurrent jurisdiction - But in view of S.273 Proviso (b) of Succession Act,..........
Hindu Succession Act, 1956, Section 14 -- Will - Life interest created in favour of wife by husband during his lifetime - Bequest in favour of wife extended beyond the actual share she would have got had a partition taken place in case husband had died intestate - It is nothing but interest that comes into existence in favour of wife for first time according to volition of..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity - Partition suit - Paternity of plaintiff/son is disputed by defendant/father - It is thus, necessary to decide whether plaintiff is son of defendant or not, for which DNA test is essential - Application for DNA test allowed - However, liberty is granted to defendant to comply with or disregard order requiring parties..........
