Specific Relief Act, 1963, Section 34 -- Suit for Declaration - Joint property - During pendency of partition proceedings sale deed was executed in favour of plaintiff - Held, purchaser of co-parcener's undivided interest in joint family property is not entitled to possession of what has purchased - Purchaser has only right to sue for partition of property and ask for..........
Co-owner -- To constitute co-ownership, there must be an equal right to possession of every part and parcel of subject matter - Joint possession is not essential - Only unity of right of possession is required...........
Agreement to sell -- Specific performance - Property is joint Hindu Family Coparcenary property of defendants and was being used as dwelling house - No partition has been effected among legal heirs - Suit for specific performance of agreement was filed by plaintiff - Possession cannot be done without partition...........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7(iv)(b)(c) -- Rejection of plaint - Failure to pay ad valorem Court fee - Suit for declaration and claim of joint possession of suit property - Plaintiffs only seek declaration of their share with claim of joint possession of suit land to the extent of their share - Neither plaintiffs sought..........
Specific Relief Act, 1963, Section 37 -- Co-sharer - Other co-sharer cannot be restrained from raising construction over a portion of which he is in exclusive possession - Being in exclusive possession, he is legally entitled to protection of his possession until joint land is partitioned...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition and permanent injunction - By way of proposed amendment plaintiffs want to withdraw the admission already made in plaint and to introduce new facts regarding joint possession - From the inception plaintiffs have described that defendant No.1 is the adopted son of original owners -..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Cancellation of sale deed - Sale of joint family property - Plaintiff not signatory of sale deeds - As every member of joint family property has community of interest and unity of possession in land held by such joint family, plaintiff thus cannot be taken to be out of possession - Relief of joint possession..........
Specific Relief Act, 1963, Section 6 -- Recovery of possession of immovable property by one co-owner against another co-owner - Remedy u/s 6 of the Act is available to one co-owner or co-owners against another co-owner or co-owners, in case of forcible dispossession by the latter without consent of the former, otherwise than in due course of law - Actual possession over..........
Hindu Law -- Joint family property - Claim of joint ownership and joint possession - Plaintiffs are required to plead and prove the same and said fact should be reflected in plaint itself...........
Hindu Law -- Claim of joint ownership and joint possession - Ancestors of plaintiffs do not belong to one family but three different families having three different castes - Joint possession of plaintiff cannot be accepted...........
