Civil Procedure Code, 1908, Section 11 -- Resjudicata - Subsequent suit for partition - Suit for partition of Joint Hindu Family Property - Arbitrator/Referee appointed by the parties - Award passed - Accepted by parties - Suit decreed in terms of award - Decree not drawn up as stamp papers were not filed by the parties - Second suit for partition in accordance with award..........
Partition -- Second Suit for partition - Maintainability - Party to a partition suit guilty of any conduct amounting to fraud which would render the previous partition ineffective & invalid - Subsequent suit for partition maintainable...........
Partition -- Private partition or family partition or settlement is possible even in the absence of an order passed by authorities concerned...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners - Private partition - Each of the co-owners in possession of a specific area and plaintiff raised construction of three shops and leased out land in favour of a brick kiln owner - Private partition is possible even in the absence of an order passed by authorities concerned - Held,..........
Adverse possession -- Co-sharer - Notice issued in 1955 claiming partition of property - However, suit filed in the year 1979 - Held, in order to oust one of the co-sharers only on the basis of the so called notice cannot be deemed to be sufficient to come to a conclusion of adverse possession or extinguishing her rights - In order to prove adverse possession something..........
Partition -- Nature of property - Burden of proof -Suit for partition and determination of share and possession - Initial burden on the plaintiff to show that entire property was Joint Hindu Family Property - After initial discharge of burden, defendant to show that property claimed by them was not purchased out of Joint Family nucleus and it was purchased independant to..........
Adverse Possession -- Joint property - Suit by widow for partition and separate possession of properties left by her husband - Step sons claiming ownership by way of adverse possession hostile to interest of widow - Plantiff held to be legally married wife - Right to claim partition and share in property made out - Cannot be denied just because she sent notice claiming..........
Civil Procedure Code, 1908, Section 11 -- Specific issue framed regarding title in the earlier suit for permanent injunction - Question of title decided - Subsequent suit for possession by way of partition - Decreed relying on judgment of earlier suit - Finding on title in earlier suit rightly relied by Court below...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Defendant claiming possession on basis of land purchased by him - Sale of undivided share in joint property - Sale cannot confer any right to claim actual physical possession - Can seek partition of joint land - Rightly restrained from interfering in peaceful possession of plantiff over suit property...........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 1 -- Suit for permanent injunction - Compromise - Decree passed on the basis of terms of settlement - Mutation refused by Revenue Authorities on the ground that by consent decree, right, title and interest of respondent is not declared - Second suit for declaration - Not maintainable in view of S.47 CPC - Though..........
