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 39, Rule 1, 2 -- Ad interim injunction - Disputed ownership or title cannot be determined in an interlocutory application until and unless applicant provides clear and irrefutable evidence of ownership and possession of suit property...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - When a decree for permanent prohibitory injunction is violated and JDs forcibly took possession of DH's property by violating decree, JDs may be expelled by Executing Court by exercising powers U.O.21.R.32 CPC - It would not be necessary for DH..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had claimed relief of joint possession - Sale deed in question was void - Plaintiff could not be said to have executed sale deed - Therefore, plaintiff could indeed have maintained an action to obtain possession of property on the basis of her title..........
Specific Relief Act, 1963, Section 38 -- Injunction - It is proved on record that part of suit property has been encroached upon by defendants and they have raised construction of pucca house over it - Suit of plaintiff does not lie for injunction - Plaintiff can seek possession of portion of suit property found to be in possession of defendants...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate facts arising subsequent to filing of suit - Amendment sought cannot be said not necessary, inasmuch as, suit is for permanent injunction and thus, both the parties would make an endeavour to plead and to prove that they are in possession of property in question -..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Plaintiffs seek blanket permanent injunction to restrain defendant bank from interfering with their peaceful possession and enjoyment of property - Suit cannot be maintained since such a blanket prayer for permanent injunction cannot be granted - However, it is always open to plaintiffs to modify the prayer..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration on basis of adverse possession and permanent injunction - Plaintiff has relied upon agreement to sell to prove her ownership over suit property - However admittedly, said agreement was not proven on record in terms of S.64 of Evidence Act - Original agreement was never produced by plaintiff - Even no..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Suit filed for possession along with other reliefs which means that on the date of filing of suit, plaintiff was not in possession - Since there was no possession with plaintiff as such he cannot derive any benefit under the doctrine of part performance...........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Right of residence - Shared household - Widowed daughter-in-law is not entitled to claim right of residence for two reasons i.e. it is upon her own volition that she stopped residing at suit property for past 13 years and secondly, right of residence provided under S.17(1) of the Act, stood curtailed as..........
