Civil Procedure Code, 1908, Order 21 -- Execution of decree - Agreement to sell - Suit for partition - Execution of agreement to sell does not confer any title itself in favour of party - Simply because for specific performance of alleged agreement to sell which was filed subsequently to present suit is pending, cannot be a ground to deny plaintiff to seek their right of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the behest of a purchaser from a co-owner against another co-owner - Similiciter suit for injunction filed by a purchaser from a co-owner against another co-owner is not maintainable - When suit itself is not maintainable then ad interim injunction cannot be granted - The only remedy available to..........
Co-owner -- Can transfer his individual share but no possession can be handed over to the vendee unless the property is partitioned by metes and bounds amicably and through mutual settlement or by a decree of the court - Vendee from the co-owner shall be entitled for possession through partition only...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, partition and permanent injunction - Plaintiff sought amendment seeking additional plea that defendants i.e elder son and daughter-in-law in breach of their confidential and fiduciary relation to deceased, purported to have got alleged gift deed in their favour, which is in English..........
Punjab Land Revenue Act, 1887, Section 121, 123 -- Private partition - Evidence on record shows that partition of shamlat land effected long back among co-sharers and every co-sharer put into possession of his respective share - Factum of partition and possession of respective co-sharer authenticated by revenue officials while recording entries in their record - Held,..........
Settlement/Partition/Exchange -- Proof - Mere fact that physical possession was not given in pursuance to the settlement is of no consequence when there is admission by defendant that he was in possession of the plot and the ownership of the said plot stood entered in his name exclusively i.e. in exclusion to the plaintiffs...........
Settlement/Partition/Exchange -- Once it is proved that defendant took benefit of settlement, though partly, they are estopped from challenging the validity of the exchange...........
Co-owner -- Every co-owner has a right to possession and enjoyment of each and every part of the property equal to that of other co-owners - Every co-owner has an interest in every infinitesimal portion of the subject matter, each has a right irrespective of the quantity of its interest, to be in possession of every part and parcel of the property jointly with others - A..........
Civil Procedure Code, 1908, Section 89 -- Cases suitable for ADR process are : (i) All cases relating to trade, commerce and contracts, including (a) disputes arising out of contracts (including all money claims); (b) disputes relating to specific performance; (c) disputes between suppliers and customers; (d) disputes between bankers and customers; (e) disputes between..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 18 -- Compromise decree - Partition suit - Compromise petition has been recorded and for payment of court fee and for passing final decree - Further, case was adjourned to various dates - Thereafter, suit was dismissed for default for no, payment of court fees - Legality of - Held,..........
