Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Earlier suit filed for injunction dismissed in default - Subsequently, plaintiff came to know about partition suit, which emerged among defendants and passing of preliminary decree and final decree thereunder - After dismissal of previous injunction suit, attempts made by defendants to intermeddle into..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharer - Defendant raising the plea that partition took place in between the parties and respective shares were demarcated and they were in possession over their respective shares - No evidence which establishes partition between the parties - Property jointly held by the parties - Compromise on..........
Partition Act, 1893, Section 2, Civil Procedure Code, 1908, Order 21, Rule 90 -- Sale of immovable property - Applicability of provisions of Order 21 CPC - Provisions of Rule 234 of the Civil Rules of Practice would apply - Provisions of Order XXI of the Code of Civil Procedure would not apply to a sale of immovable property under the Partition Act, 1893...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for partition - By proposed amendment, plaintiff wants to include more properties which were not discovered at the time of filing suit - Held, proposed amendment does not take away any right accrued to defendants due to lapse of time - Nor does it change nature of the case - Amendment essential to..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Second appeal - Title suit - Challenging decree passed on basis of oral partition - Landlord who is a co-owner cannot plead that since he is collecting rent and letting out the property from time to time that he has become exclusive owner or a partition has been effected - Family arrangement..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 100, Specific Relief Act, 1963, Section 34 -- Title suit - Challenging decree passed on basis of oral partition - Once issue of tenancy between parties finally decided, it cannot be re-opened and re-assessed in a later proceeding involving title...........
Punjab Pre-emption Act, 1913 -- Pre-emption - Decree passed on 17.12.1993 and decreetal amount deposited on 24.1.1994 whereas partition order was passed on 30.3.1994 - On deposit of purchase money in Court by the claimant the right and title to the property vest in the pre-emptor and it becomes vested right of the pre-emptor - Right of pre-emption prior to the decree may..........
Suit for partition -- Court fee - Fixed Court fee is to be paid as possession of one of the co-sharer is possession on behalf of all the co-sharers...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Possession - Co-owner in possession - Subsequent purchaser dispossessed co-owner in possession without partition by metes and bounds - When possession is unlawful, illegal and unauthorized then it is no possession in the eye of law - Injunction granted in favour of co-owner...........
Co-owner -- Alienation of joint property by a co-sharer amounts to alienation out of the share - Even alienation of specific khasra number or specific portion amounts to alienation of share which is subject to adjustment at the time of partition...........
