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..........
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..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and permanent injunction - Ancestral property - Partition has not taken place and if without any partition, transfer of disputed property is done, then same would amount to multiplicity as well as complexity of litigation - Application allowed. ( Paras 7 & 8)..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Impugned order of allowing review petition has not adverted to an error apparent on the face of record, but has taken up an error on re-appreciation of case and counter case of parties - Review order records a few findings extending far beyond actual working out of prayers in a suit for partition - Order..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Suit lands cannot be said to be coparcenary property of plaintiff - Those are coparcenary property of her mother - But mother is not coming forward claiming partition - Plaintiff has not acquired any birth right - Therefore, there is no unobstructed..........
Limitation Act, 1963, Article 110 -- Limitation - Partition suit - Plea of ouster - If the Co-sharer in possession, raises the plea of ouster or bar u/art 110 of the Act, it is incumbent on such co-sharer to prove that exclusion was to the knowledge of other co-sharers - Exclusion should be proved by tangible evidence - One cannot infer exclusion from enjoyment of..........
Partition -- Plaintiff had no knowledge about execution of partition deed of 1990 as alleged by defendants - Moreover, plaintiff is not a party to said partition deed - Courts below has rightly held that defendants failed to establish that plaintiff has received a sum of Rs.10,000 towards her share - As regarding plea of ouster taken by defendants, in the absence of..........
