Hindu Law -- Joint family property - Alienation by karta - Permanent injunction - Held, though co-parceners have right to challenge alienations made by Karta, they have no right to obstruct alienations - Therefore, Courts cannot grant relief of permanent injunction by restraining Karta from alienating coparcenary properties - Hence prayer of permanent injunction prayed..........
Specific Relief Act, 1963, Section 41 - - Joint Hindu Family - In absence of any division, entire property being in co-ownership of all parties, injunction at behest of one co-owner against others cannot be granted...........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Joint Hindu Family Property - Sale by Karta - If property is sold by Karta, no injunction can be granted and only course open is to challenge the alienation on the ground of act of bad management. 2003(3) Civil Court Cases 578 followed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 38, 41 -- Injunction suit against Father (Karta) not to alienate ancestral property and joint family property - Held, suit not maintainable - Remedy with coparcener is to file suit after alienation seeking declaration that alienation was without legal necessity - Exception to this..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in peaceful possession - Defendants sold their undivided share - Third party stranger cannot be granted possession of undivided share in a joint family property, by virtue of S.44 TPA - He has to work his remedies and seek partition - Defendants restrained from..........
Specific Relief Act, 1963, Section 19, Hindu Law -- Joint Hindu Family Property - Alienation by Karta - Permanent Injunction - No injunction can be granted to coparcener for restraining the Karta of Joint Hindu Family property from alienating the coparcenary property - Coparcener has right only to challenge the alienation after execution of sale deed by Karta on the ground..........
Hindu Law -- Joint Family Property - Properties purchased by father - Sold to his grandsons - Suit by sons for permanent injunction restraining father & vendees from interfering in possession and enjoyment of said properties - Properties claimed to be purchased by father jointly with sons out of common pool - Suit dismissed by courts below - High Court relying on two other..........
Civil Procedure Code, 1908, Order 1, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 1, Evidence Act, 1872, Section 108 -- Plaintiff missing subsequent to the institution of suit - Wife seeking permission to prosecute suit - Suit for declaration of title and injunction in respect of joint family property - If applicant is not allowed to come on record and suit is..........
Court Fees Act, 1870, Section 7(iv)(c) -- Suit for declaration as to ownership and that gift deeds are illegal, null and void - Declaration sought being coparceners in the joint Hindu Family Property claiming to be in joint possession and seeking consequential relief of permanent injunction restraining defendants from alienating the suit land - Court Fee - Ad valorem Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Joint property - Construction of - Temporary injunction - Restraining transfer/alienation of joint property - Grant of - Property in question was purchased by members of joint family - Purchasers mutated their names separately in Municipality - Prima facie property would be presumed to be separately owned by parties -..........
