Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Injunction - Restraining defendant from raising construction - A co-sharer in exclusive possession for sufficient long time can raise construction - Question of prohibiting to raise construction by the defendant is dependent singularly on the prime facie finding of fact whether there is mutual partition between..........
Civil Procedure Code, 1908, Order 39,, Rule 1, 2 -- Injunction - Co-sharer - Family partition - Exclusive possession - Trial Court recording a prima facie finding regarding mutual separate possession and exclusive separate possession of all co-sharers for a long period - Declined the application u/s 39 Rule 1 and 2, restraining defendent/co-sharer from raising construction..........
Rendition of accounts -- Right of - Available only when relationship between the parties is such that the rendition of accounts is the only relief which will enable the plaintiff to satisfactorily assert his legal right - It is available to a partner of a firm for dissolution of partnership firm and accounts, suit by beneficiary against trustee/s, suits by a member of the..........
Punjab Land Revenue Act, 1887, Section 116, 117 -- Sale in Excess by Co-sharer - Basic principle of partition - Last vendee of co-sharer to suffer - Partition to be carried out by deducting land sold in excess from last vendee...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Sale of specific portion of land - Joint land - No partition by metes and bounds - Co-sharer cannot alienate any specific portion of land - Parties directed to maintain statusquo regarding possession as well as alienation...........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Partition - Compromise entered between the co-sharers during partition proceedings - Tehsildar partitioning the joint land on the basis of compromise - Revenue Court has jurisdiction to partition land among co-sharer on the basis of compromise...........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117 -- Partition of joint land - One of the co-sharer claiming ownership by way of adverse possession - Objected to partition on plea of pendency of civil suit involving question of title - AC Ist filed the application on account of pendency of civil suit - Collector in appeal directed AC Ist to decide..........
Rent and Eviction -- Partition suit amongst co-sharers - Tenant, if made party in the partition suit, can object to partition if it is shown that the same was not bona fide and made with an oblique motive to overcome the rigors of rent control laws which protected eviction of tenant except on grounds set out in the relevant statute - After partition is effected or a decree..........
Punjab Land Revenue Act, 1887, Section 116, 117 -- Partition - Question of Title - Death of one of the co-sharer in joint Khewat - Dispute between LR's of the deceased co-sharer - No question of title involved between the co-sharers inter-se - Partition proceedings not to be affected due to pendency of civil suit between LR's of one of the co-sharer...........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Partition - Principle of honouring existing possession - Followed as co-shares often make internal adjustment for enjoyment/cultivations of land through an informal arrangement even though such divisions of possession are in formal or adhoc, but when same continues for long &..........
