Evidence Act, 1872, Section 68 -- Partition deed - Not compulsorily attestable - S.68 Evidence Act is not applicable to Partition Deeds...........
Specific Relief Act, 1963, Section 39 -- Common passage - Obstruction - Plaintiff having obtained a decree of mandatory injunction cannot once again approach the Court seeking partition of the common passage which has been kept joint by a registered partition deed...........
Specific Relief Act, 1963, Section 34, 38 -- Joint Family Property - Alienation by Manager - Suit subsequently filed against manager by his wife, not only on her behalf but also on behalf of minor son and daughters claiming share in and partition of joint family property - Allegation that sale by Manager was not in interest of joint family estate and was unauthorised -..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Insufficiently stamped and unregistered partition deed admitted in evidence for collateral purpose by Court without deciding he objection raised by other side - It is a mistake on the part of Court which is apparent on the face of record - Application for review is maintainable...........
Stamp Act, 1899, Section 35, Registration Act, 1908, Section 49 -- Insufficiently stamped and unregistered partition deed is inadmissible in evidence unless the stamp duty and penalty is paid...........
Evidence Act, 1872, Section 115 -- Estoppel by deed - Donors had not acquired title to property yet they gifted the property - Had a pre-existing interest in property and right to partition upheld by preliminary decree - Gift of property covered by preliminary decree - By subsequent decree donors acquired a clear and complete title in the same property - Rule of estoppel..........
Agreement to sell -- Specific performance - Suit for - Sale deed was to be executed after partition - Order of partition made on 16.11.1970 and Sanad Taqseem prepared on 20.4.1971 and mutation sanctioned on 15.6.1971 - Limitation to file suit starts to run on 15.6.1971...........
Indian Penal Code, 1860, Section 471, 463 -- Complaint about forgery of partition deed - Civil Court finding that partition deed is not forged - Averments in complaint the same as raised in Civil Court - Criminal complaint quashed...........
Specific Relief Act, 1963, Section 20, Partition Act, 1893, Section 4 -- Applicability - Provision does not bar suit or decree for specific performance - S.4 applies when after execution of sale deed, a party applies for partition...........
Transfer of Property Act, 1882, Section 10 -- Partition deed providing that if during the life time of father, the allottees wanted to dispose of their shares, they must do so with the consent of the father and with the junction of the father in the deed of sale - Restriction is not valid...........
