Civil Procedure Code, 1908, Section 53 -- Execution - Sale of ancestral property in execution - Partition of property does held between deceased J.D. and his sons who were Hindus - Decree can be executed against ancestral co-parcenary property - D.H. can proceed against share of sons of deceased in property attached...........
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..........
Punjab Land Revenue Act, 1887, Section 111, 122 -- Partition - Delivery of possession during pendency of revision - Land partitioned by AC-Ist Grade - Appeal filed before Collector dismissed - Revision before Commissioner - Possession delivered during pendency of Revision before Commissioner - Order delivering possession, during the appeal/revision is without jurisdiction..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Minor's property - Sale without permission of Court - Minor's property not dealt with for the benefit of the minor - Suit by mother on behalf of minor for partial partition and for setting aside sale - Suit decree by first appellate court - Decree, upheld...........
Partition -- Joint Family property - One of the coparceners minor - Partition cannot be set aside if one of several coparceners is minor unless it is pleaded and proved that during his minorhood such a partition was effected to deprive him of a legitimate share or that there has been inequitable distribution of property so as to deprive him a legitimate share...........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Partition - Application for partition - Objections to the partition raised on the ground of family settlement and maintainability of partition qua Ruri & Abadi land - Dismissed by AC Ist - Order not challenged - No objection raised on `Naksha Alaf' - `Naksha Alaf' approved -..........
Punjab Land Revenue Act, 1887, Section 123 -- Partition of joint land - Plea of family partition and separate possession raised - Family partition not entered in Revenue Records - Family settlement/partition has no relevance unless family arrangement is reflected in the Revenue Records and thus cannot be relied upon for the purpose of partition. Editorial Note - See Ajmer..........
Specific Relief Act, 1963, Section 37 -- Suit for permanent injunction - Interference in possession - Land belonging to the proprietors of the village - Plaintiff in exclusive and peaceful possession over the suit land - Admitted ownership of the defendants - Plaintiff also one of the proprietor - Proprietors of village could seek possession of property after seeking..........
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..........
