Partition suit -- Plaintiffs were co-sharer of suit land - Land was still joint and it was never partitioned - Concurrent findings of facts on record that there was status of jointness and plaintiffs were entitled to decree of partition - No interference warranted in said findings...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for partition and injunction - Petitioner having possession cannot intermeddle in the suit for partition - Moreover petitioner cannot claim any sort of right on the basis of an agreement which is prima facie not properly stamped and unregistered - Application rightly dismissed...........
Family settlement -- Suit for declaration - Plaintiff alleges that written compromise executed between parties in which defendant has to leave his part of land in favour of plaintiff - However, no reasonable cause has been given in the said document as to why he is leaving the land in favour of plaintiffs - It is not a valid agreement for want of consideration, as no..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Removal of construction - Property in question is joint - Proceedings were pending before Consolidation authorities and no attempt was made by plaintiff to get their shares demarcated - At no point plaintiff ever sought relief of partition - Even, in absence of substantive relief and..........
Rent and Eviction -- Joint tenants - Partition of tenancy rights - Commercial property - Death of original tenant - One of the joint tenants in actual and exclusive possession and he during pendency of case surrendered tenancy rights and he also handed over the possession of property to landlord who let it out to appellant and at present appellant is in possession of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs may have an arguable case in their favour but balance of convenience is certainly not in their favour - They also failed to show that they would suffer irreparable loss and injury in case of refusal of grant of temporary injunction - Moreover, plaintiffs concealed the fact that they along..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay in filing application for setting aside ex parte decree - Partition suit - Reason assigned for delay is that close relatives had advised defendant to withdraw the suit and settle dispute - Suit was allowed to be dismissed in default and thereafter restored - This..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Sale deed executed in excess acquired under the Will - Will, held not revoked, by executing an agreement in between some of the beneficiaries - Held, sale is valid only to the extent of land which was bequeathed in favour of vendor under the Will - It will be open for the..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - When compromise is incomplete and bad for non-joinder of all the sharers, Court will have no other option, but to proceed with suit or appeal, as the case may be by rejecting compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - Mere fact that one of sharers remained ex parte does not itself empower or authorize remaining parties to suit for partition to conclude the suit by entering into a compromise, without his/her juncture...........
