Partition Act, 1893, Section 3 -- Partition suit - D1 contended at the time of passing of final decree that the entire house should have been allotted in his favour on the ground that he happened to be the major share holder in suit house - No application under the Partition Act, 1893 was filed - Held, contention liable to be rejected...........
Registration Act, 1908, Section 17(1)(b) -- Memorandum of partition acknowledging earlier oral partition by metes and bounds does not require registration - No stamp duty or duty penalty can be realized...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Both Courts below rejected share of plaintiff in item Nos.1 to 3 of Schedule I of suit properties on the only ground that plaintiff claimed those properties also for partition that he is legal heir of "V" and not as legal heir of deceased "V's" deceased daughters - Held, preliminary decree passed..........
Hindu Law -- Joint family property - Partition suit - Maintainability - In partition suit, plaintiff failed to prove unity of title and possession - Registered sale deeds by other co-sharer in respect of suit properties executed long time before have not been challenged in spite of knowledge of such sale deeds - Held, simple partition suit not maintainable - Unless such..........
Civil Procedure Code, 1908, Section 11, Specific Relief Act, 1963, Section 34, 5 -- Ownership - Res judicata - By order of Land Tribunal dated 27.11.1976, right of defendant No.4 had been recognized as a tenant in respect of land in question - He was declared to be a tenant and he got right in respect of suit land - Said order has already become final - Defendant No.4..........
Representation of the Peoples Act, 1951, Section 83(1)(c), Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Section , Order 6, Rule 15 -- Election partition - Defect in verification and non-supply of documents - Effect - Held, defect in verification is curable - But non supply of documents does not furnish basis for rejection of election petition..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Grant against co-sharer - Held, every co-sharer has a right to property and to develop property in accordance with law, subject to the condition that such use of property will not render partition impossible - Either plaintiff may file a suit for partition and injunction, or may bring such facts and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Refusal - Plaintiff has neither pleaded nor shown that he was exercising any ownership right on the land by cultivating it or otherwise - He did not make any effort to get the share partitioned by meets and bounds - Plaintiff waited and watched defendants to use property to file a suit - In between he allowed..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for partition - Purchaser from a co-sharer - If his sale deed is not challenged on any other ground, is entitled to be made party in the suit for the reason that he cannot be allotted a share behind his back to which he may not agree...........
Civil Procedure Code, 1908, Section 115, Order 23, Rule 1 -- Partition suit - Between mother and son - Memo for withdrawal of suit filed by plaintiff considering the welfare of her son - Court recorded memo and dismissed suit as withdrawn - Plaintiff challenged dismissal on grounds that her son had played fraud on her in filing aforesaid memo and her lower Court counsel..........
