Evidence Act, 1872, Section 65 -- Secondary evidence - Family settlement-cum-partition deed - Document required to be duly stamped but not stamped - Document is required to be impounded - It is only the original which can be impounded as impounding of photo copy is unknown to law - Copy of document when per se is inadmissible then same cannot be received in evidence -..........
Stamp Act, 1899, Article 55 -- Schedule 1 - Release deed - Releasors together released share in favour of Karta and other co-parcener and not to a particular co-owner - Property was being held jointly and there was no partition of interest in property among co-owners - Document in question would be a release deed and not conveyance or a gift deed...........
Kerala Land Reforms Act, 1963, Section 103, 74, 75 -- Revisional jurisdiction of High Court - Maintainability - Appellate Court set aside order of Tribunal granting cultivating rights to respondent - Challenge - As per evidence on record respondent`s predecessor has been cultivating tenant in respect of land in question - Failure of appellants in proving genuineness of..........
Specific Relief Act, 1963, Section 34 -- Suit for Declaration - Joint property - During pendency of partition proceedings sale deed was executed in favour of plaintiff - Held, purchaser of co-parcener's undivided interest in joint family property is not entitled to possession of what has purchased - Purchaser has only right to sue for partition of property and ask for..........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Property in co-ownership sold out by defendant to the extent to his share - Simply for the reason that sale deed in question does not mention the right of plaintiff, it will not become void or voidable at the option of plaintiff - Moreover, there is no recital in said sale deed negating right of appellant..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - Genuineness or invalidity of registered gift deed cannot be examined in simple suit for partition particularly when no relief of declaration with regard to gift deed has been claimed by plaintiff - Gift deed, held, to be valid...........
Hindu Succession Act, 1956, Section 15, 16 -- Inheritance - Deceased (owner of suit property) died living behind his widow, two daughters and widow of predeceased son - Plaintiff being one of the daughter claims to have share of her mother and widow of predeceased son as they relinquished their share in her favour - No document produced by plaintiff in support of the same..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - Suit for partition, declaration & permanent injunction - Plaintiff at his own willingness has transferred entire rights in the name of defendant No.1 by executing relinquishment deed - Plaintiff had full knowledge about purchase of property by defendant Nos.5 to 7 from defendant No.1 as he..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Suit for partition - Sale deed executed by defendant alleged to be illegal, null and void but no prayer made for setting aside said sale deed - Unless sale deed is set aside, no cause of action for partition arises in favour of plaintiff - Plaint is liable to be rejected as there is..........
Hindu Law -- Partition - Separate property - Partition has already been effected about 40-43 years ago - After the death of father of plaintiff her mother became absolute owner of separate property left by her father - In the capacity of an absolute owner of suit property sale deed executed by her was valid and genuine as she was possessed of property of her husband on..........
