Constitution of India, 1950, Article 142, Partition Act, 1893, Section 3, Civil Procedure Code, 1908, Order 20, Rule 19, Suit for partition -- Preliminary decree attained finality - Plaintiff/Bank have 83 out of 124 shares - Sale of property by public auction - Plaintiff did not seek to enforce its rights to buy the rights of the other co-sharers in terms of Sec. 3 of the..........
Constitution of India, 1950, Article 21 -- Speedy Trial - Partition suit - Joint receivers allowed to continue for more then 12 years - Suits only awaiting the passing of final decree - The Court was called upon to play a more active role in dispensation of justice - Supreme Court observed unhappiness at the tardiness of the process of Court...........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Receiver - Appointment - Partition suit - Merely showing case of adverse and conflicting claims to property is not sufficient - Plaintiff has to show some emergency or danger demanding immediate action and that person in possession has obtained it through fraud or force requiring interposition by Receiver for security of..........
Hindu Law -- Oral partition - Suit for partition - Plea of previous partition - Court is to see the conduct of parties to find out as to whether there was a partition or not - Fact that members are holding properties in equal shares, separate entries in land revenue records, members selling properties held by them, living separately, are indicative of oral partition -..........
Punjab Land Revenue Act, 1887, Section 116 -- Mode of Partition -Old possession of co-sharers to be kept intact - Some of co-sharers allowed digging of mine pit abutting the land in their possession - Naksha bay proposing division of said land among all the co-sharers - Objections by other co-sharers - Partition to be made strictly as per sanctioned mode of partition -..........
Specific Relief Act, 1963, Section 16 -- Absence of any mention about the area which is intended to be assigned - Even if the suit is decreed remedy will be to file a suit for partition - Held, issuance of a commission is absolutely beyond the scope of the suit...........
Punjab Land Revenue Act, 1887, Section 20 -- Notice of partition - Report of process server that respondent refused to accept service - Proceeded exparte - Application for setting aside exparte proceedings - Summons issued on the same date on which partition application filed - Report of refusal submitted on next date - Refusal not shown at permanent address or village,..........
Limitation Act, 1963, Article 113 -- Suit for partition - Limitation - All co-sharers in possession of joint property - Right to sue for partition is a continuing right - Provisions of Article 113 not applicable...........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 126 -- Gift Deed - In partition appellant was deprived of the entire land, leaving no share with him - Such an arrangement can never be termed as partition - This arrangement more appropriately could take the shape of gift - Gift of immovable property is compulsory registerable - Not a valid..........
Adverse Possession -- Partition suit - Ouster of co-sharer pleaded - Implies acknowledgment of title of co-sharer - Plea of ouster not established - Title of other co-sharer must be held to have been accepted...........
