Partition -- There can be no partial partition - Once the parties are proved to be joint qua certain properties there can be no question of private partition...........
Partition -- Partial partition - Suit for partition of ancestral property between siblings - Property inherited after death of father dying intestate - No proper weightage to the fact that apart from the suit property, there were other properties also to be claimed for - Partial partition not allowed - Impugned judgment and decree set aside - Appeal allowed...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for partition and separate possession - Plea of partial partition - Plaintiff having no right in property alienated before his birth - That property rightly not included - It cannot be held that it is a suit for partial partition...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Suit for partition - Maintainability of suit on ground of partial partition - Question as to whether interest of parties in the subject property is as co-owners or tenants in common or is it joint family property - Nature of ownership of subject property not clear - Suit for partial partition is permissible if property that..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Minor's property - Sale without permission of Court - Minor's property not dealt with for the benefit of the minor - Suit by mother on behalf of minor for partial partition and for setting aside sale - Suit decree by first appellate court - Decree, upheld...........
Hindu Law -- Partition - Partial partition - There can be partial partition of Joint Hindu Family Property - In case of partial partition, joint family status may continue depending on intention of parties in respect of properties not partitioned and agreed to be kept joint...........
Punjab Land Revenue Act, Section 115 -- Partial partition of a joint Khewat - Cannot be allowed...........
Punjab Land Revenue Act, Section 117 -- Partial partition - Partition of portion of joint property - Cannot be allowed without consent of other co-owners...........
Punjab Land Revenue Act, Section 16, 117 -- Finding that partition is partial partition - A finding of fact - Such finding cannot be set aside in revision even after appraisal of evidence - Plea that land excluded from partition non - agricultural - Not tenable as no mention in orders of lower Courts that land excluded from partition was non - agricultural...........
Punjab Land Revenue Act, Section 117 -- Partial partition - Not necessary in partition that every parcel of land should have same co-sharers or co-owners - Part of land not included in partition as same not mentioned in original application for partition - Not correct - As land situated in the same village and owned by co-owners in equal shares - Partial partition not..........
