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...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Purchaser during pendency of partition suit - It is discretion of Court to allow purchaser to be impleaded as a party - Purchaser allowed to be impleaded as a party - Purchaser already gave an undertaking that he will rely upon the written statement filed by seller and that he will not pray for new issues to be framed and..........
