Specific Relief Act, 1963, Section 37 -- Joint land - Suit for permanent injunction by co-sharer restraining the other co-sharer from raising construction over the suit property - Construction raised by defendant - Plaintiff not entitled to any relief - Co-sharer cannot raise construction so as to affect the rights of the other co-sharer - Effect of construction to be..........
Suit for partition -- Revenue entries - Creation of right, title or interest - Held, that tenancy rights over agricultural land are heritable as well as transferable and transfer can be effected by registered sale deed - Mere revenue entries cannot create or extinguish any right, title or interest in the property unless these entries are based on lawful order passed by..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Extent of relevance of revenue enteries - Land mortgaged to two brothers -Family settlement in respect of mortgage rights - All five brothers partitioned mortgaged land - In revenue record two brothers described as exclusive owners of mortgaged land - Suit for declaration -Memorandum of partition/family settlement..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for partition - Property in exclusive name of respondent - Appellant failed to adduce evidence to confirm that joint family property nucleus had sufficient funds to acquire suit property and therefore it was joint property - Respondent led sufficient evidence that he purchased family land from his father and brother and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Suit for permanent injunction restraining defendants from raising construction on joint land - Plaintiff concealed factum of family partition between co-sharers - Has not approached the Court with clean hands - Not entitled to equitable relief of injunction...........
Hindu Law -- Oral partition - Suit for partition - Plea of previous partition - Court is to see the conduct of parties to find out as to whether there was a partition or not - Fact that members are holding properties in equal shares, separate entries in land revenue records, members selling properties held by them, living separately, are indicative of oral partition -..........
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..........
Punjab Land Revenue Act, 1887, Section 158 -- Exclusion of jurisdiction of Civil Courts - Question of title - Agricultural land - Civil suit for separate possession & partition - Question of title arose for determination between parties - Trial Court dismissed suit on the ground that only the reveue authories had exclusive jurisdiction to partition the suit land - Only..........
Adverse possession -- Co-owners - In a suit filed by defendants for partition in the year 1968 and a similar suit in the year 1978 plaintiff asserted hostile title claiming ownership in himself - Claim of hostile title by plaintiff was thus known to the defendants - Pendency of a suit does not stop running of limitation - Thus at least from 1968 onwards the plaintiff..........
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..........
