Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Agricultural land - Plaintiff claims to be owner of suit property on the basis of oral partition which took place between ancestors of parties - Defendants admitted said oral partition in family and its implementation - However, defendants failed to prove their ownership over suit..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from entering upon suit land and thereby creating any disturbance - Defendant purchased portion of joint family property from co-sharer/son of plaintiff, without consent of others, who acquired the same by partition - However, property stands in the name of father of plaintiff in record..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Preliminary decree - Partition suit - Oral partition between parties already taken place as per defendant No.2 - However, no documents on record to prove factum of oral partition - Even otherwise, admission made by DW2 that there is no oral partition, is on record - Since defendant No.2 pleaded oral partition,..........
Hindu Law -- Suit for partition - Plea of defendant that suit property bestowed to him by father, during his life time - No documentary evidence establishing oral partition or oral gift in favour of defendant - Plaintiff entitled to his share in suit property...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Suit filed by taking plea that earlier oral partition between parties was denied by the defendant - Plaint cannot be rejected in view of the denial of plaintiff's statement made in the plaint that oral partition was denied by the defendants and that prompted plaintiff to file the..........
Hindu Succession Act, 1956, Section 8 -- Inheritance - Partition suit - Suit properties devolved upon defendant No.1/father of plaintiff through Will and oral partition during lifetime of grandfather of plaintiff - Same should be treated as only separate properties - Question of inheritance u/s 8 of the Act by sons of defendant No.1 including plaintiff during life time of..........
Partition suit -- Property in question does not have the character of ancestral - Property successively devolved from original owner to first defendant/father of plaintiff through oral partition during life time of person with whom the property vested - Suit for partition held, rightly dismissed...........
Specific Relief Act, 1963, Section 34, 38, 39 -- Suit for declaration, permanent and mandatory injunction - Ex parte evidence - Defendants not contested the suit and proceeded ex parte - Plaintiff by way of his ex parte evidence proved its case that she along with defendant Nos.1 and 3 purchased the property and verbal settlement arrived at between them with respect to..........
Partition Act, 1893, Section 4 -- Hindu Law - Joint family property - Partition suit - Family settlement - Memo of partition - Held, even oral partition is permissible and such oral partition or much less written one, if is recognized by a latter document which is known as memo of partition, does not require registration - Under these circumstances, it would not be proper..........
Hindu law -- Partition suit - Unity of title - Blending - Proof of - Plaintiff has not been able to show that he was earning and had substantial income at relevant time - Plaintiff has given two different versions as to his source of income - Defendant No.1 has unequivocally stated that it was defendant No.2 who contributed solely towards purchase of land on which house..........
