Partition suit -- Joint family property - Defendant no.1 admitted that his name was recorded as Manager of joint family and he never objected to mutation entry - Both the Courts accepted that suit property was ancestral joint Family property and entitlement of plaintiff for partition and separate possession of suit property - No interference warranted in said concurrent..........
Partition suit -- Barred by limitation - Part of suit land was acquired and defendant received the compensation - Plaintiffs have specifically pleaded on 16 July 2010 that they learnt that defendant has withdrawn the compensation amount - Defendant has not produced on record any material to show that plaintiffs were made known with respect to withdrawal of compensation..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Injunction cannot be granted in favour of plaintiff against other co-sharer without partition being effected between them and without any averment that exclusive share of plaintiff was being trampled upon by other co-sharers...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of assignee - Partition suit - Deed of assignment entered into in defiance of an injunction order - Applicant cannot claim to be impleaded as a party on basis of said assignment - Deed of assignment was a nullity or an illegality - Application dismissed with costs of Rs.2 lakhs...........
Will -- Exclusion of son from property under Will - Relationship between testator and his son got stained in 1984 - This fact is admitted by son of testator - Son also filed a partition suit against his father/testator - Testator was alive for nearly 11 years after execution of Will - On account of close relationship, testator after death of his brother wanted to protect..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Partition suit - Plaintiff claiming that they are in joint possession along with defendants - Contention that plaintiffs are not in joint possession is a question of fact, which will be decided after evidence is let in - Court can collect Court fee at any stage of suit - Application..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Partition suit - Sister of plaintiff not arraigned as a party - However, plaintiff stated that his sister had already taken share and also affidavit is filed to that effect - Suit not bad for non-joinder of necessary party...........
Partition suit -- Suit property belongs to grandfather of parties - There was family arrangement between brothers of plaintiff's father and defendant's father and there was no partition - Defendants categorically admitted that property belongs to their grandfather - When there is admission on part of defendant in written statement itself, admitted fact need not be proved..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Prayer for partition and separate possession cannot be granted in execution proceedings - Such prayer can always be sought by petitioners by filing a separate suit...........
Agreement to sell -- Direction to register sale deed after passing of decree of specific performance - Decree cannot be held to be unexecutable merely for the reason that suit for partition is pending between coparceners - Moreover, registration of sale deed would not affect right or share of any of other coparceners - Applicant is also a party to suit for partition and..........
