Adverse possession -- Joint Family Property - In order to establish adverse possession of joint property or joint family property, ouster must be pleaded and proved - A member of a joint family claiming absolute title to a certain property as having been allotted to him in partition cannot claim taking an inconsistent plea that he acquired title to said property by adverse..........
Family Settlement -- Family arrangement - Partition - Family arrangement is entered into to purchase peace by resolving any existing dispute or rival claims or disputes which may arise in future - There may be sharing of immovable property in family settlement or family arrangement - It is not a partition in normal sense of the term...........
Registration Act, 1908, Section 17 -- Memorandum of family partition - Does not require registration...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Suit for partition - Appellate Court rejecting application for amendment of written statement, dismissing appeal and confirming decree for partition - Position of law not considered - Likely hotch potch not taken into consideration - Shares also not defined - Also failure by appellate Court to consider that amendment..........
Hindu Law -- Partition - Common passage - A passage or a common road for ingress and egress is impartible and indivisible...........
Hindu Law -- Partition - Common passage - Can be partitioned only by consent of all the parties...........
Specific Relief Act, 1963, Section 39 -- Common passage - Obstruction - Plaintiff having obtained a decree of mandatory injunction cannot once again approach the Court seeking partition of the common passage which has been kept joint by a registered partition deed...........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Witness - Defendant as plaintiff's witness - Can be allowed - Partition suit - Plaintiff confident that evidence of defendant would be clinching on vital issues of partition - Application rejected on ground of physical condition of defendant and condemnability of practice in calling adverse party as witness - Improper - If..........
Benami Transactions (Prohibition) Act, 1988, Section 3, Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for partition - Claim by defendant, Govt. servant that he purchased suit property benami in the name of his brother as purchase was made to get over relevant service regulations prohibiting Govt. servant to purchase property without prior permission - Defendant..........
Punjab Land Revenue Act, 1887, Section 116, 118 -- Fundamental principle of partition - Every co - sharer should be given land of equal value and having similar potential - Land situated on the main road touching village Abadi - More valuable land - Should be allotted among all co - sharers in equal shares being valuable land...........
