Co-sharers -- Demolition of construction made by any co-sharer in excess of his share - The right of the co-sharers in a joint property cannot be the only reason to grant relief of demolition when such right has been infringed by another co-sharer - Facts and circumstances of each case have to be considered independently - Where such circumstances indicate that the..........
Evidence Act, 1872, Section 115, Civil Procedure Code, 1908, Order 23, Rule 1 -- Suit for partition - Material on record indicated place in which possession of disputed land was declared in favour of defendant No.1 by Magistrate - Sessions Judge reversed order of Magistrate and order was further challenged by way of revision in High Court - A compromise was effected in..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Substitution of legal heirs - Suit for partition - Mother and brother of appellants arrayed as co-defendants as they also claimed their share - Suit decreed and preliminary decree passed holding that mother and brother of appellant have no right title and interest in suit properly - Final decree prepared on basis of..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Challenge to - Independent suit - Maintainability - Compromise entered into in an appeal before High Court to modify terms of a preliminary decree passed in a partition suit - Appellant was a party to the appeal - Claim that she had not been served with notice of appeal - She had not consented to..........
Hindu Succession Act, 1956, Section 6, 14(1), 14(2) -- Three brothers holding family property jointly - Death of one of the brothers in 1954 - Partition of family property between brother and widow of the deceased by way of family arrangement - Widow getting share of her deceased husband - Widow selling property which fell to her share - Challenge against sale by brothers..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Decree suffered by Karta of coparcenary property in the year 1991 - Challenged by daughter - Held, even as per the provisions of the Amended Act, the decree whereby the coparcenary property has been transferred by the `Karta' of the family in favour of the members of the coparcenary, cannot be challenged by daughter..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Scope - After the commencement of the Amended Act, a daughter has also got equal right as that of a son in the coparcenary property subject to an exception added in the proviso that the provision of sub Section (1) of Section 6 of the Act would not affect or invalidate any disposition or alienation including the..........
Co-sharers -- Injunction against other co-sharers - A co-sharer can seek relief of injunction against other co-sharers when such co-sharer is in exclusive possession to the exclusion of other co-sharers - However, when possession of all co-sharers is joint, relief of injunction cannot be sought by either of the co-sharers and the only relief which is available to the..........
Criminal Procedure Code, 1973, Section 145, 146(1) -- Attachment of shop - Joint possession - Petitioner claiming exclusive business in the shop in dispute whereas respondents No.2 & 3 claiming joint business - No documentary evidence to show that there was joint business in the shop - In case of joint possession and joint ownership no proceedings can be initiated by..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3) -- - New building - Previous construction (hall) - In dilapidated condition and not used for any purpose - New construction raised after getting the site plan sanctioned - Two walls kept intact and rest of the construction raised was new - Floor level was raised - Chajja on the first floor demolished -..........
