Partition suit -- Defendants admittedly relinquished their 5/7th share in favour of plaintiff regarding one plot - No cogent evidence led by defendants regarding partition of disputed property - Trial Court rightly held that plaintiff had 5/7th share in said plot - Rest of property was undivided and it will be equally divided between parties i.e 1/7th share - Suit for..........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Tenancy Act, 1955, Section 207 -- Rejection of plaint - Suit for declaration, correction in the revenue record, partition and permanent injunction - Agricultural lands - Ancestral properties - S.207 of Act of 1955 provides that cognizance of any suit or application qua which relief could be granted by a Revenue Court..........
Punjab Pre-emption Act, 1913, Section 4 -- Right of pre-emption - Plaintiff claiming his superior right to pre-empt the sale on the ground of being co-sharer in joint khewat - However, pending the suits, defendant filed the suit for partition before Revenue Court and khewat in dispute remained no more joint - Trial Court and Appellant Court rightly held, that plaintiff did..........
Hindu Law -- Joint Family Property - Partition suit - Registered partition deed executed between parties in the year 2001 - However, plaintiff contended that said partition deed is contrary to interest of plaintiffs and same is obtained by fraud - There is no specific assertion as to materials regarding fraud other than nearly stating that mother of plaintiffs is unknown..........
Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Suit filed in the year 1995 - Amended S.6 of the Act is retrospective in operation - Daughter thus, had a right over properties and had a cause of action to claim share in the properties...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Can be varied in final decree proceedings at the request of party, where law governing the parties has been amended before conclusion of final decree proceedings...........
Partition suit -- Settlement deed in a partition suit without any written consent of all the parties is unlawful - Therefore, decree by consent amongst only some of parties cannot be maintained...........
Civil Procedure Code, 1908, Section 10 -- Stay of partition suit - Scope of both partition suit and probate proceedings are different - S.10 CPC apply only if there is identity of the matter in issue in both the suits - Even, a probate petition is not a suit u/s 10 CPC and both partition suit and probate proceedings can proceed - Partition suit cannot be stayed - Both the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiffs are admittedly co-sharers - Their possession is also established from revenue record and earlier litigation between predecessors of parties - Partition proceedings are going on - Till then plaintiffs have certainly a right to retain possession of suit land - Ad interim injunction rightly..........
Partition -- Joint Family Property - Plaintiff failed to discharge the initial burden that property acquired jointly by defendant no.1 and his brother - Though property is purchased in the joint name but plaintiff failed to prove that there was any nucleus which yield such income to acquire property - Property in question is self acquired property of defendant no.1 - Suit..........
