Transfer of Property Act, 1882, Section 10 -- Partition of ancestral joint family property - Partition deed containing condition restraining disposition - Whenever a share is allotted to a coparcener in partition, he becomes a full owner irrespective of condition that may have been incorporated in the partition deed - Each sharer takes his share exclusively with a right of..........
Specific Relief Act, 1963, Section 37 -- Joint land - Suit for permanent injunction by co-sharer restraining the other co-sharer from raising construction over the suit property - Construction raised by defendant - Plaintiff not entitled to any relief - Co-sharer cannot raise construction so as to affect the rights of the other co-sharer - Effect of construction to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Injunction - Restraining defendant from raising construction - A co-sharer in exclusive possession for sufficient long time can raise construction - Question of prohibiting to raise construction by the defendant is dependent singularly on the prime facie finding of fact whether there is mutual partition between..........
Civil Procedure Code, 1908, Order 39,, Rule 1, 2 -- Injunction - Co-sharer - Family partition - Exclusive possession - Trial Court recording a prima facie finding regarding mutual separate possession and exclusive separate possession of all co-sharers for a long period - Declined the application u/s 39 Rule 1 and 2, restraining defendent/co-sharer from raising construction..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from interfering in peaceful possession - Defendant father of plaintiff owner of entire house - Plaintiff produced no documents showing that nature of property is Joint Hindu Family Property or that he is a co-sharer in any manner - Status of plaintiff cannot be more than a..........
Specific Relief Act, 1963, Section 37, 38 -- Co-sharer - Exclusive possession - Plaintiff living in house alongwith his mother - Merely because mother is living with the plaintiff it cannot be said that plaintiff is not in exclusive possession of the house - Held, plaintiff is entitled to the injunction restraining defendants from interfering in his possession over the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Restraining another co-sharer from raising construction over superior and valuable portion of the suit property without getting the same partitioned - Held, plaintiff a co-sharer is entitled to protect the suit land to ensure that the nature of suit land is not changed by another co-sharer - Proceedings for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Restraining another co-sharer from raising construction - Defendant seeking permission to raise construction and demolish the same later on after partition - Held, such a course would result into unnecessary complications even in partition proceedings...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Restraining a co-sharer from raising construction - A co-sharer or a vendee from him cannot be restrained from enjoying property of his share by raising construction - This right, however, shall remain subject to partition...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharers - Sale by specific khasra numbers - A co-sharer can transfer the property of his share in his possession even by way of specific khasra numbers but that is still subject to partition - Vendee becomes only a co-sharer to that extent - If some valuable part of the land has been sold by a co-sharer, it is subject..........
