Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff claimed to be owner of suit property under sale deed - However, plaintiff failed to establish his vendor's title, possession and enjoyment of suit property - Title of his vendor based on the strength of partition list - No proof placed to hold that parties to partition..........
Civil Procedure Code, 1908, Order 20, Rule 18, Succession Act, 1925, Section 27(c) -- Partition suit - Grandfather of plaintiff and defendant executed Will by giving absolute right in suit property to defendant - Plea that father executed settlement deed in favour of his wife so that both plaintiff and defendant should enjoy suit property equally - Admittedly, father had..........
Partition -- Co-owners - Once partition is effected between some of co-owners and that is re-worked on account of challenge by excluded co-owner, original partition deed does not have any legal effect, except touching reservations and equities emanating from original document...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Against sale of life interest in property - Testator created life interest for his wife and then for his daughters and ultimately the property would vest in his grand children i.e. between plaintiff and defendant - Plaintiff alleged that defendant were trying to sell their undivided life interest to..........
Registration Act, 1908, Section 17 -- Registration - Partition deed - When four out of three brothers deposed in Court that they had partitioned a joint family property amongst themselves, law does not require that it should be proved only by a registered document and not otherwise...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Defendant while relying upon sale deed contended that he purchased part of suit property which he occupied as tenant - However, he failed to prove that part of joint family property which he occupied as tenant was subject matter of sale under sale deed in question - Once it was held that partition was..........
Transfer of Property Act, 1882, Section 58 -- Equitable mortgage - Partition of mortgaged property - No term and condition in deed of mortgage restraining mortgagors from effecting partition of equity of redemption - It is thus, open to mortgagors to effect partition of property and thereby interest of mortgagee Bank is not affected...........
Civil Procedure Code, 1908, Order 15, Rule 5(As -- Striking off defence - Default in payment of rent - Plaintiffs are husband and wife who jointly purchased disputed shop and inducted defendants as tenant - Arrears of rent not paid by defendants, as they claimed that plaintiff no.2 sold half of suit property to defendant no.2 - Sale deed regarding purchase of half share of..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Gift deed - Cancellation - Gift deed executed by father and mother in favour of daughter reserving their right of residence till their life time - Father died - Mother and daughter now co-owners - Mother beaten brutally by daughter - Letting mother and daughter live together is not safe -..........
Partition -- Partition can be entered into between parties who are joint owners of property - In case, father wants to give property to his sons, of which he is absolute owner, it can be done by Will or by means of gift deed or donation - High Court rightly observed that partition deed is to be construed either as gift deed or family settlement - Petition dismissed...........
