Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Plaintiff entitled to 1/3rd share as per two Courts below - Though defendants took a contention that they are liable to pay liability of the father, but they not placed any material to substantiate the said contention - No document was produced with regard to liability is concerned - When no..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Concurrent findings of Courts below are in record that defendants have failed to prove that they have perfected their title by way of adverse possession - Court therefore, u/s 100 CPC cannot revisit and reassess entire evidence on record - Suit rightly decreed in favour of plaintiff...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Judgment of First Appellate Court - Non-consideration of evidence on record - Partition suit - High Court while deciding first appeal not considered the evidence on record - Suit was instituted in the year 1991, more than 3 decades ago - Evidence discussed by trial Court neither disputed nor demolished by..........
Partition suit -- Preliminary decree - Appeal - Maintainability - Appeal only maintained against preliminary decree by which shares have been declared - There is thus, no reason to go into question about allotment of properties which is a matter to be gone into in final decree proceedings - Appeal dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Removal of construction - Property in question is joint - Proceedings were pending before Consolidation authorities and no attempt was made by plaintiff to get their shares demarcated - At no point plaintiff ever sought relief of partition - Even, in absence of substantive relief and..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - When compromise is incomplete and bad for non-joinder of all the sharers, Court will have no other option, but to proceed with suit or appeal, as the case may be by rejecting compromise...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction and possession by way of partition - Concurrent findings of two Courts below that revenue record produced by plaintiff on record demonstrated that suit land was joint and same had not been partitioned - Even, DW1 had admitted in her cross-examination that suit land was not..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Concurrent findings that suit properties were self acquired properties of deceased being a finding of fact based on material evidence on record is not liable to be interfered by High Court in second appeal in absence of any material illegality or mis-appreciation of evidence on record of Court..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for declaration of title and permanent injunction - Concurrent findings recorded by both the Courts below that plaintiffs failed to prove partition and possession over suit property, which is a finding of fact based on evidence available on record - Said findings neither perverse..........
Civil Procedure Code, 1908, Section 96 -- Appeal against preliminary decree passed in partition suit - Stay of appeal till disposal of probate proceedings - No material on record to suggest that final decree is prepared as yet - Only preliminary decree is challenged under appeal - There is thus, no justification for staying further proceedings of appeal indefinitely -..........
