Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Defendant being a vendee under a co-sharer can only claim possession by seeking partition of joint land - Till the defendant seeks separate possession, plaintiffs have a right to protect their possession - Defendant is not in a position to demonstrate that his vendor was in exclusive..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating or encumbering properties till disposal of main suit - Partition suit - Suit filed on basis of Will and gift deed - There is dispute regarding subsequent Will - However, with regard to first Will, all family members have got properties - As regarding gift deed,..........
Limitation Act, 1963, Article 136 -- Limitation - To execute final decree in a partition suit - Time begins to run from the date of final decree and not from the date on which it is engrossed on stamp paper...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiffs failed to prove very basis to claim share in the suit property - Suit property was not ancestral property - No prima facie case is made out in favour of plaintiff - Application rightly rejected...........
Agreement to sell -- Specific performance - Co-owners - Execution of agreement by power of attorney holder - Validity - Defendant No.1/power of attorney holder lacked the authority to bind defendant Nos.6 to 8 in the agreement to sell, as GPA did not confer upon him the power to sell the property on behalf of his sisters at the time of agreement, having been impliedly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining Sub-Registrar from accepting documents pertaining to suit properties for registration till disposal of suit - Suit for declaration that Wills, release deed and Partition deeds are null and void - There are number of unanswered questions and suspicious maneuvering, the odds are clearly..........
Specific Relief Act, 1963, Section 38, 34 -- Proviso - Permanent injunction - Mere suit for permanent injunction without seeking relief of declaration or partition is barred by provision of S.34 of the Act...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment wants to question the validity of Will, on the basis of which defendant sought to have suit dismissed - Without determination of question of Will and its genuineness, partition of suit property would not be possible - Application for amendment rightly..........
Stamp Act, 1899, Section 2(15) -- Partition deed - Parties on an oral family settlement not only divided their shares but also taken possession of their respective shares by metes and bounds, then at the time of reducing writing the memorandum of settlement they ceased to be co-owners - Memorandum of settlement held, not treated as instrument which requires stamp duty as..........
Civil Procedure Code, 1908, Order 8, Rule 1(3) -- Late production of documents - Partition suit - Defendant no.1 sought to produce original bank passbooks and bank statement of defendant no.1 and defendant no.2 - Trial Court exceeded its jurisdiction to deny leave to produce said documents on record by recording a finding that authenticity and genuineness of documents seem..........
