Civil Procedure Code, 1908, Section 11, Specific Relief Act, 1963, Section 34, 5 -- Ownership - Res judicata - By order of Land Tribunal dated 27.11.1976, right of defendant No.4 had been recognized as a tenant in respect of land in question - He was declared to be a tenant and he got right in respect of suit land - Said order has already become final - Defendant No.4..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Refusal - Plaintiff has neither pleaded nor shown that he was exercising any ownership right on the land by cultivating it or otherwise - He did not make any effort to get the share partitioned by meets and bounds - Plaintiff waited and watched defendants to use property to file a suit - In between he allowed..........
Land and Property - - Partition suit - Status of parties - Held, in a partition suit, everyone in the suit whether he is a plaintiff or a defendant is in the position of plaintiff - Anyone of them can maintain the suit - If plaintiff withdraws himself, defendant may be transposed as plaintiff and plaintiff may be transposed as defendant at any stage...........
Hindu Succession Act, 1956, Section 9, 6 -- Coparcenary property - Joint Hindu family - Land owner died intestate leaving behind 5 heirs - Shares among the heirs not determined - One of the heir alienated his 1/5th share - Alienation set aside - Held, till severance of joint family status takes place neither coparcener nor any other can sell his share in the joint Hindu..........
Evidence Act, 1872, Section 115, Civil Procedure Code, 1908, Order 23, Rule 1 -- Suit for partition - Material on record indicated place in which possession of disputed land was declared in favour of defendant No.1 by Magistrate - Sessions Judge reversed order of Magistrate and order was further challenged by way of revision in High Court - A compromise was effected in..........
Punjab Land Revenue Act, 1887, Section 121, 123 -- Private partition - Evidence on record shows that partition of shamlat land effected long back among co-sharers and every co-sharer put into possession of his respective share - Factum of partition and possession of respective co-sharer authenticated by revenue officials while recording entries in their record - Held,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharer - Defendant raising the plea that partition took place in between the parties and respective shares were demarcated and they were in possession over their respective shares - No evidence which establishes partition between the parties - Property jointly held by the parties - Compromise on..........
Civil Procedure Code, 1908, Order 20, Rule 18, Hindu Women's Right to Property Act, 1937, Section 3, 14 - - Partition - Suit land was owned and possessed by father of plaintiff who died leaving behind four widows including defendant - Defendant in view of provision of 1937 Act entitled to claim partition of 1/4 share - Having got decree of 1/4th share, she acquired title..........
Partition -- Except the declaration made by defendant before Urban Land Ceiling Authorities, no other material available to conclude that A & B schedule properties were acquired out of any nucleus available from joint family properties - Plaintiff not able to show existence of any nucleus of joint family properties out of which those acquisitions can be said to have been..........
Punjab Land Revenue Act, 1887, Section 111 -- Co-sharer - There can be no severance of status of co-sharer with the preparation of Naksha B - However, after the instrument of partition is prepared, status of co-sharer comes to an end...........
