Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in peaceful possession - Defendants sold their undivided share - Third party stranger cannot be granted possession of undivided share in a joint family property, by virtue of S.44 TPA - He has to work his remedies and seek partition - Defendants restrained from..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for partition - Purchaser of property pendente lite - Order allowing impleadment, upheld...........
Punjab Land Revenue Act, 1887, Section 122, 123 -- Order of possession - Delivery of possession of property allotted within three years from the date recorded in the instrument of partition - If a party has got some stay order, period will start running from the date the order is vacated...........
Partition Act, 1893, Section 2, 3 -- Partition - Owelty - Meaning - When an equal partition cannot be otherwise made, Courts of equity may order that a certain sum be paid by the party to whom the most valuable property has been assigned - The sum thus directed to be paid to make the partition equal is called `owelty'...........
Family settlement -- Joint property - Partition - All the members entitled to a share must be represented either expressly or impliedly in partition proceedings, may be in a private partition or partition through Court - Land is still joint as all the members of the family were not party to the alleged family settlement...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of party - Purchase of property from one of the co-sharer during pendency of suit for partition - Held, purchaser can get himself impleaded as a party in the suit...........
Evidence Act, 1872, Section 17 -- Admission - To be binding it should be of precise fact - It is a fact admitted which binds a party and not any inference that may be drawn from it - Statement made by party that he is living separately from other members of joint family cannot be taken as an admission that there was partition of joint family property...........
Hindu Law -- Joint Family - In law there exists a presumption in regard to the continuance of a joint family - The party who raises a plea of partition is to prove the same - Even separate possession of portion of the property by the co-sharers itself would not lead to a presumption of partition...........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52 -- Impleadment of a party - Suit for partition - Transferee pendente lite - In no case rights of plaintiff will be affected - Purchasers are necessary and proper party - Allowed to be impleaded as a defendant in the suit...........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Order 1, Rule 10 -- Transferee pendentilite - Necessary & proper party - Suit for partition of joint land among co-sharers - Undivided share in the suit property sold by some co-sharers - Vendees entitled to come on record in order to work out equity in their favour in the final decree proceedings...........
