Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration that partition deed is null and void - Initial burden is on plaintiff to prove that partition deed is invalid and is liable to be declared as null and void - On discharge of initial burden by plaintiffs, onus shifts to defendants to prove validity of partition deed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Without issuing notice to defendants/petitioners - Partition suit - Commissioner appointed to take measurements of suit property in terms of preliminary decree - While taking mere measurements of property which is to be partitioned, irrespective of presence of any of party, measurements..........
Partition -- Challenge as to - Once petitioner had participated in partition proceedings and has not raised any objection against Naksha Alif, mode of partition, naksha bey, naksha zeem, then after completion of partition proceedings, he cannot be permitted to re-open partition matter...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession/eviction - Plaintiff is claiming ownership over shop in question on the basis of preliminary partition decree - Admittedly, preliminary decree cannot be questioned by defendants as they have no locus standi to challenge the same being tenants and has not alleged that preliminary..........
Partition suit -- Settlement deed - Father of plaintiff and defendant Nos.2 to 4 executed a registered settlement deed in their favour and by virtue of said settlement deed, plaintiff is having 1/4th undivided share in suit property - However, defendant Nos. 2 to 4 alienated entire suit property to defendant No.1 under a registered sale deed - Defendant No.1 also without..........
Will -- Suspicious circumstance - Execution of Will in favour of daughter - Plaintiff is second wife of testator having her own income - Defendant is daughter of first wife of testator and his only offspring, who lost her mother immediately after her birth - It is quite natural that such a father shows more affection to his daughter - Conduct of testator in deciding to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - While granting interim injunction U.O.39.Rr.1, 2 CPC, disputed issues such as alleged oral partition or affidavits regarding prior sales, cannot be conclusively determined at this stage...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering with peaceful use of electric motor - Sanad Taksim along with site plan, demonstrates that sufficient portions of land, motor room and approach paths have been allocated to both brothers - This ensures that plaintiff can freely access and use electric..........
Hindu Law -- Joint Family Property - Alienation by Karta - Karta sold the suit property to defendant No.5 to meet expenses of marriage of daughter i.e due to legal necessity - Money receipts for sale consideration were signed by two of coparceners, as well as wife of Karta and daughter, whose marriage expenses are stated to be reason for sale - These circumstances..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Father of plaintiff acquired property by way of partition that took place in 1986, which fell in his hands as his self-acquired property - Admittedly, plaintiff does not fall in any of categories of Class I heirs of grandfather as prescribed u/s 8 of Hindu Succession Act and inheritance..........
