Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed and permanent injunction - Property in question is a joint family property which has been sold without there being any partition - Suit thus, cannot be rejected merely on basis of plaint averments - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment seeks to add some more properties purchased by defendants out of joint family properties - Whether said properties are self acquired properties or joint family properties liable for partition can only be decided during course of trial - Merely because said..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Plaintiff sought transfer of case filed by him to try along with partition suit filed by defendants - Issues in both the suits are common, as dispute is in respect of un-registered Will - If both the suits are tried at different Courts, it may lead to conflicting judgments - Though Court cannot direct clubbing of..........
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 Land Revenue Act, 1887, Section 121 -- Partition - Jurisdiction of Revenue Officer in cases of partition is concurrent with that of civil Court - Therefore, for purpose of interpreting S.121 of the Act, Court can safely draw an analogy from provisions of O.20.R.18 CPC which pertain to the procedure to be followed on the passing of decree for partition of property...........
Punjab Land Revenue Act, 1887, Section 121, 118 -- Partition - Once decision on the property to be divided and on the mode of partition is taken by Revenue Officer u/s 118 of the Act, joint status of parties would stand severed on the date of such decision, subject to decision in appeal if any preferred by party - Merely because instrument of partition was not drawn, it..........
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..........
Partition -- Property given in lieu of maintenance - Property given to daughter and wife in lieu of arrears of maintenance cannot be treated as allotment of share in partition...........
