Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Partition suit - Contesting respondents in possession and management of properties of firm - Appointment of a stranger as a receiver would not be in the interest of either party and would occasion injustice - Respondents appointed as receivers pending disposal of suit - This is subject to other party appointing its..........
Punjab Land Revenue Act, 1887, Section 111 -- Partition of land - Dohlidar - Right to get land partitioned - Dohlidars fall in the category of tenants - Can seek the partition of their dahlia land...........
Punjab Land Revenue Act, 1887, Section 123 -- Partition of joint land - Plea of family partition - Stress that main frame of partition should be as per family partition/private partition/separate possession of co-sharers - Mode of partition should be in adherence with private partition - Adjudication, if any, to be confined to marginal or left out areas not spelt out in..........
Punjab Land Revenue Act, 1887, Section 123 -- Partition of joint land - Objected on plea of private partition - Plea rejected by AC 1 on the ground of non implementation/incorporation in revenue records - Family partition effected through written agreement - Proved by signatories - Incorported in nehri girdawari - Honouring existing position is important mode of partition..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Partition - Principle of honouring existing possession - Followed as co-shares often make internal adjustment for enjoyment/cultivations of land through an informal arrangement even though such divisions of possession are in formal or adhoc, but when same continues for long &..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Passage to subsequent purchaser - Limited jurisdiction - During consolidation proceeding passage provided to original owner - Subsequent purchaser claiming separate possession - Granted passage by consolidation authorities - Subsequent purchaser not entitled to passage - He can..........
Registration Act, 1908, Section 17(1)(b) -- Memorandum of understanding regarding family settlement - Registration - Partition of property on the basis of family settlement - Later on memorandum of understanding acknowledging the rights flowing from partition executed - Memorandum does not require registration as it merely recorded a past event - Sahoo Magho Dass's case..........
Registration Act, 1908, Section 17(1)(b) -- Consent decree - Registration - Family settlement - Property partitioned - Memorandum of understanding recording past family settlement / partition executed - Consent decree passed - Consent decree only recognised pre-existing rights - No new rights created or existiguished - Decree does not require registration...........
Hindu Marriage Act, 1955, Section 16, Hindu Succession Act, 1956, Section 3(1)(j), 6 -- Illegitimate children - For all practical purposes, including succession to property of his parents, has to be treated as legitimate - Entitled to equal share with legitimate children - Can be treated as coparceners - Only limitation is that illegitimate child cannot claim partition..........
Transfer of Property Act, 1882, Section 53A -- Transfer by one co-owner - Transferee cannot claim any exclusive possession on the basis of such transfer till the partition takes place - Such a transferee does not gain or take possession of the subject matter of transfer...........
