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..........
Suit for partition -- Only those properties to which family has clear title has to be included - When property of somebody else is included and same is contested by third party, on being impleaded as a party, then onus is on plaintiff to prove that disputed property belongs to the joint family excluding someone who claims that some portion of it does not belong to the..........
Hindu Minority and Guardianship Act, 1956, Section 8, Limitation Act, 1963, Article 58, 65 -- Sale of minor's property by guardian - Property in possession of minor - Property included in the suit for partition filed by plaintiff on the basis of sale deed - It was only then that execution of alleged sale deed was disclosed to the minor - Minor had no cause of action to..........
Partnership Act, 1932, Section 14, 42 -- Property of partnership firm - Dissolution of firm - Partition thereof - Plaintiff claimed distribution/partition of disputed shop in suit along with other reliefs - Plaintiff alleged disputed shop also to be asset of partnership firm - However, it has been proved that plaintiff and defendant No.2 are owners of disputed shop in..........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Cause of actions - Joining of - Contention that suit would be bad for multifariousness as different causes of action regarding dissolution of firm and rendition of accounts on one hand and partition of individual property of plaintiff and defendant No.2 on other hand have been joined - Held, contention cannot be accepted - A..........
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..........
Hindu law -- Partition suit - Unity of title - Blending - Proof of - Plaintiff has not been able to show that he was earning and had substantial income at relevant time - Plaintiff has given two different versions as to his source of income - Defendant No.1 has unequivocally stated that it was defendant No.2 who contributed solely towards purchase of land on which house..........
Civil Procedure Code, 1908, Section 24, 26 -- Partition suit - Transfer of - S.24 CPC cannot be pressed into service to transfer the suit to a Court, which does not have a semblance of jurisdiction, pecuniary, territorial, subject-matter, or otherwise - It is in rare cases, such as, where threat to life of one party or the other is strongly urged, that the request for..........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Moulding of relief - Preliminary decree - Plaintiff asserted that she had been in possession and enjoyment right from the year 1947 (year of oral sale) and, therefore, she prescribed title - Respondent also claiming right over same property right from the year 1959 - Plaintiff failed to established her case with regard to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Held, filing of an application for temporary injunction by one of the defendants, in a suit for partition is a rarity, though not prohibited - In a given case, one of the defendants can convince Court and seek injunction against plaintiffs, or other co-defendants to protect his..........
