Court Fees Act, 1870, Section 7(iv)(c) -- Suit for declaration as well as joint possession over the joint Hindu Family Coparcenary property - No prayer for cancellation of sale deed - Plaintiff not executant of sale deed - Ad valorem Court fee is not payable - Moreover S.7(iv)(b) of the Act also exempts the payment of ad valorem Court fee where a share in joint Hindu..........
Co-sharers -- Purchaser from one of the co-sharers - Members of the family can be in implied permissive possession of parts and portions of the joint family property more than their share by mutual adjustment and without there being any express permission - But the stranger/purchaser cannot claim possession more than his share by pleading implied permission - There will..........
Punjab Land Revenue Act, 1887, Section 35, 44 -- Correction of khasra girdwari - Application moved for correction of khasra girdwari for a piece of land measuring 3 kanals, which is the ownership of many right holders - Held, one of the joint owners cannot claim exclusive possession of such a small piece of joint land...........
Co-sharers -- Injunction against other co-sharers - A co-sharer can seek relief of injunction against other co-sharers when such co-sharer is in exclusive possession to the exclusion of other co-sharers - However, when possession of all co-sharers is joint, relief of injunction cannot be sought by either of the co-sharers and the only relief which is available to the..........
Criminal Procedure Code, 1973, Section 145, 146 -- Joint property and joint possession - Proceedings u/ss 145(1) and 146(1) Cr.P.C. cannot be resorted to dispossess the co-sharer...........
Criminal Procedure Code, 1973, Section 145, 146(1) -- Attachment of shop - Joint possession - Petitioner claiming exclusive business in the shop in dispute whereas respondents No.2 & 3 claiming joint business - No documentary evidence to show that there was joint business in the shop - In case of joint possession and joint ownership no proceedings can be initiated by..........
Specific Relief Act, 1963, Section 38, 41 -- Injunction suit against co-sharer - Defendant sought to be restrained from restraining the plaintiff from watering his fields from motor (tube-well) on the ground that he is joint owner in possession of the land - Electric motor/electric connection and payment of electricity bills made by the defendant - Also well/bore, after it..........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit by one co-owner for declaration of his share - Possession of one co-owner is deemed to be possession of all co-owners - A mere occupation of larger portion or even of entire joint property by one co-owner does not necessarily amount to ouster as possession of one co-sharer would be..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Non executant of deed seeking declaration that deed does not bind the 'co-parcenary' and for joint possession - There was no prayer for cancellation of sale deed - Held, Court fee is computable u/s 7(iv)(c) of the Act...........
Specific Relief Act, 1963, Section 38 -- Injunction - Restraining defendant from transferring an area more than his share - Plaintiff claiming himself to be co-sharer - Defendant claiming exclusive possession as owner on the basis of oral partition which took place between him and father of the plaintiff - Revenue record still reflecting joint possession - Alleged oral..........
