Easements Act, 1882, Section 15 -- Easement - Right to fetch water from third party land - Oral evidence led by plaintiff with regard to right to fetch water is not sufficient to come to conclusion that plaintiffs have been exercising the said right from time immemorial without any interruption - Defendants purchased the property in question and in his sale deed there was..........
Partition suit -- Settlement of dispute by mediation and conciliation - Courts are required to explore these methods for amicable settlement of family disputes...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of a party - Partition suit - Applicant filed application for transposing him as one of petitioners in final decree proceedings, as he contended that deceased plaintiff executed registered Will in his favour - Merely because petitioner is going to be transposed as one of petitioners in final decree proceedings..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Plaintiff failed to prove title of his vendor - He has also failed to prove that in the year 1967, defendants forcibly made opening in their western wall and took possession - Houses of defendants were located nearby as memorandum of partition - Water pipes/channels/outlets of defendants house..........
Evidence Act, 1872, Section 112 -- DNA test - Partition suit - Plaintiff sought sibling DNA test to prove that she is daughter of `K' and `M' - However, DNA test even if allowed will not establish the marriage between `K' and `M' - Moreover, said marriage took place 81 years back and that no one who witnessed the marriage are alive and there exists no way to prove the..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu Female - For establishing full ownership on the undivided joint family estate u/s 14(1) of the Act, Hindu female must not only be possessed of property but she must have acquired the property and such acquisition must be either by way of inheritance or devise, or at a partition or "in lieu of maintenance or..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to incorporate properties mentioned in written statement - Since suit is for partition and permanent injunction, all the disputed properties should have been included in the suit - Same would not change the nature of suit - Application allowed for including additional..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory and mandatory injunction - Land in question is joint - Since, defendants are trying to occupy the portion of joint land and exclude plaintiffs from its use, they are entitled to seek relief of prohibitory injunction and mandatory injunction - They need not seek relief of partition or declaration of title...........
Partition suit -- Will - Whenever a Will is projected in defence in the suit for either declaration or partition, there need not be a prayer for setting aside the Will - Dismissal of suit on the ground that there is no prayer for setting aside Will is unknown to law...........
Partition suit -- Entire evidence of suit recorded in the absence of defendant No.3, who is newly impleaded - Defendant No.3 is the legatee under Will as produced by defendants - He would be entitled to file written statement projecting whatever defence that is open to him and also let in evidence - De novo trial of case directed...........
