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..........
Civil Procedure Code, 1908, Order 20, Rule 18, Hindu Women's Right to Property Act, 1937, Section 3, 14 - - Partition - Suit land was owned and possessed by father of plaintiff who died leaving behind four widows including defendant - Defendant in view of provision of 1937 Act entitled to claim partition of 1/4 share - Having got decree of 1/4th share, she acquired title..........
Hindu Law -- Partition - Reunion - Plaintiffs, joint family members already entered into two partition deeds - Plaintiff has not pleaded anything about the reunion in the plaint and also failed to prove the same by any acceptable evidence - In absence of any agreement for reunion, plea that plaintiffs continued to live as members of Hindu joint family cannot be sustained..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for partition - Impleading at the stage of final decree - Transferee pendente lite - Sale deed executed in defiance of injunction order - Impugned order rejecting application set aside - Impleadment application allowed...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary parties - Non joinder of necessary party in a suit for partition is fatal - Such defect cannot be cured in appeal by filing an application to implead them as parties to appeal...........
Partition -- Except the declaration made by defendant before Urban Land Ceiling Authorities, no other material available to conclude that A & B schedule properties were acquired out of any nucleus available from joint family properties - Plaintiff not able to show existence of any nucleus of joint family properties out of which those acquisitions can be said to have been..........
Partition -- Further partition - Once partition takes place in a joint family, the occasion to seek further partition would arise, only when certain items were kept joint, with the consent of the parties and partition thereof has become necessary - Another possibility for seeking partition is where the property, which otherwise was liable to be partitioned escaped the..........
