Agreement to sell -- Suit for specific performance - On death of vendor suit filed against his legal representatives - Plea of defendants that the subject matter of the sale agreement is joint undivided property in the hands of Karta - This plea not substantiated by revenue record - Vendor (predecessor-in-interest of the appellants) recorded as co-sharer in the revenue..........
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..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Unpartitioned property - Restraining other co-sharer from raising construction - A co-owner cannot seek injunction retraining another co-owner from raising construction - However, defendant cannot raise any claim qua the property just on the basis of his raising construction...........
Co-sharers -- Injunction against other co-sharer - Land not partitioned amongst co-sharers - Sale of land - Vendee becomes the co-sahrer in the suit property - Since land continues to be joint, the exclusive possession of the appellant thereon as pleaded and claimed by him cannot be said to have been established - A co-sharer who is not in actual physical possession of a..........
Co-sharers -- A co-sharer, who is not in actual physical possession of a parcel of the and, cannot claim any injunction against the other co-sharer - Remedy available is either a suit for partition or to get a decree of joint possession...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-sharer - Injunction suit by one co-sharer against other co-sharer- Plaintiff/co-sharer himself raised construction on part of property in his possession - Plaintiff cannot agitate that raising of construction by other co-sharer would amount to wasting or illegal use of property - Injunction declined...........
Punjab Land Revenue Act, 1887, Section 17 -- Suit for partition filed by one co-sharer before Asstt.Collector Ist Grade - Other co-sharers raised dispute regarding title of land - Asstt. Collector directed parties to get the title decided from Civil Court - However, order of Asstt. Collector not a speaking order as it was bereft of reasoning as to how there was a title..........
Transfer of Property Act, 1882, Section 44, Punjab Land Revenue Act, 1887, Section 112 -- Partition - Mode of - Sale of specific khasra numbers by co-sharers - Provision made in the mode of partition for allotment of those specific khasra numbers to the concerned co-sharer who sold the same - Allotment of those khasra numbers to the purchaser treating them co-sharer to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Relationship of landlord and tenant denied and that property was situated within Lal Dora not forming part of Khasra No.520 - Landlord proved that Khasra No.520 was ownership of proprietors of the village and his father was co-sharer in this land which was inherited by landlord after the death of..........
Civil Procedure Code, 1908, Order 21, Rule 35, Evidence Act, 1872, Section 116 -- Estoppel - Execution - Decree for possession - Challenge by judgment-debtor on ground that third co-sharer not party to license deed - JD never raised issue of third co-sharer before any Court, except in review petition - Since license created only by plaintiffs - JD estopped from raising..........
