Adverse Possession -- Suit for declaration of title on the basis of adverse possession - Co-sharer claiming adverse possession of the joint land - Co-sharers presumed to be in possession unless contrary is proved - Mere assertion of title by in itself not sufficient - Intention of possessing (animus possidenti) to be proved - Act and conduct of parties show intention of..........
Hindu Law -- Joint Hindu Family - Alienation by Karta & Co-parceners - Question of legal necessity - Hindu Undivided Family consisting of Karta & his five sons (co-parceners) - Karta and 4 co-parceners sold ancestral land ` Possession delivered to vendee - 5th co-parcener did not consent to the sale & sold his land to a third person - Vendee forcibly dispossessed by..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - Desire or bonafide need - Landlord separated from his family by way of oral family partition and as per family settlement landlord was also paid money - Landlord idle and not doing any work, whereas earlier he was in service - Need of landlord of shop to start business is..........
Partition Act, 1893, Section 2, 6, 7 -- Sale by way of auction in execution of a decree for partition - Violation of provisions of sec. 6 - Effect - Suit for partition - Preliminary decree passed - Local Commissioner submitted report that property not capable of partition by metes and bounds, requires auction - Property auctioned - Auction challenged - Sale conducted u/s 2..........
Punjab Land Revenue Act, 1887, Section 111, 116, 121 -- Family Partition - Mode of partition finalised - Partition proceedings on plea of family partition - Order vide which mode of partition finalised not challenged - No material on record to indicate that family partition was incorporated in revenue record - No judicial notice of plea of family partition can be taken in..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52 -- Impleadment of a party - Suit for partition - Transferee pendente lite - In no case rights of plaintiff will be affected - Purchasers are necessary and proper party - Allowed to be impleaded as a defendant in the suit...........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Order 1, Rule 10 -- Transferee pendentilite - Necessary & proper party - Suit for partition of joint land among co-sharers - Undivided share in the suit property sold by some co-sharers - Vendees entitled to come on record in order to work out equity in their favour in the final decree proceedings...........
Partition -- On the basis of adoption - If plaintiff is able to establish his adoption then he is entitled to seek relief of partition, even without seeking the relief of declaration relating to his status as adopted son...........
Punjab Land Revenue Act, 1887, Section 121 -- Partition - Sanad Taksim issued - Revenue Courts have no jurisdiction to interfere with partition proceedings at a later stage...........
Partition -- Co-owners - Improvements made by one co-sharer on common property without obtaining express consent of other sharers to make improvements - One co-sharer cannot build upon a common property in such a way as to defeat the legitimate rights of other co-sharers - Law does not recognise any such right in one co-sharer to make improvement in co-ownership property..........
