Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the instance of defendant - Partition suit - Very wording of O.6.R.17 CPC enables own pleadings to amend or alter and not of opposite party - Defendants, who are entitled to share either as co-owners or co-sharers are at par in status with plaintiff is different from allowing the opposite party to..........
Specific Relief Act, 1963, Section 13 -- Readiness and willingness - Suit for recovery of earnest money - Allegedly, original owners were also not exclusive owners of specific khasra numbers which defendant agreed to sell - Even, they were also recorded to be owner of only share in joint holding with their co-sharers - Therefore, without getting partition of property any..........
Specific Relief Act, 1963, Section 38, 39 -- Co-shares - Suit for permanent and mandatory injunction - Restraining defendant/co-sharer from raising construction on suit land and also from blocking path - Joint land - Suit land is recorded as Abadi deh and jointly owned and possessed inter se parties - Evidence on record proved that defendant is trying to raise construction..........
Co-sharers -- Joint land - Every co-sharer would be deemed to be in possession of every inch of land till same is partitioned by metes and bounds - Even if land is sold by specific khasra number out of joint land, same shall amount to sale of share only...........
Specific Relief Act, 1963, Section 6 -- Co-sharer - Suit for recovery of possession - A co-sharer without being in exclusive possession cannot oust other co-sharer from enjoyment of property as all co-sharers are deemed to be in possession over every inch of land...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Oral Family settlement - As a consequence thereof exclusive possessive over suit property duly pleaded and proved by plaintiff by examining more than one witness - Defendants could not bring on record any contrary evidence - Suit of plaintiff rightly decreed...........
Hindu Law -- Joint Family Property - Sale of Demarcated portion of joint land by one of co-sharer in favour of stranger - Does not amount to partition, as other co-sharers did not join expressing their consent for transferring the same - By purchasing the said undivided portion of joint land, stranger at the best became co-sharer, but he cannot claim any exclusive right,..........
Punjab Land Revenue Act, 1887, Section 111 -- Partition - Application for partition can be filed in respect of more than one khewat and can be entertained by Assistant Collector, provided that co-sharers in different khewats are same - If co-sharers are different in different khewats, then separate applications have to be filed because khewats have to be separated of all..........
Punjab Land Revenue Act, 1887, Section 111, Civil Procedure Code, 1908, Order 1, Rule 10 -- Partition - Necessary party - Partition proceedings have been carried out without impleading all co-sharers which suffers from vice and even this aspect of matter has not been seen before passing order by Financial Commissioner - Order set aside...........
Co-sharer -- Concept of co-sharer is akin to one of co-owner which vests in both an equal right to the same property - Both the co-sharers being holders of equal share to the same property, apportionment thereof and division of the property can only be by means of a partition - Right to seek such a partition, naturally, will be in one of the two co-sharers...........
