Civil Procedure Code, 1908, Section 47, Order 23, Rule 1 -- Suit for permanent injunction - Compromise - Decree passed on the basis of terms of settlement - Mutation refused by Revenue Authorities on the ground that by consent decree, right, title and interest of respondent is not declared - Second suit for declaration - Not maintainable in view of S.47 CPC - Though..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree in suit for permanent injunction - Nature of - Suit for injunction - Settlement arrived at by & between parties - Reduced in writing - Decree passed on the basis of terms of settlement - Consent decree for all intent & purpose, a preliminary decree passed in a suit for partition - Fresh proceedings/suit cannot..........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Suit for permanent injunction - Compromise between parties - Consent decree passed on the basis of compromise - Mutation not sanctioned by Revenue Authorities on the plea that right, title or interest not declared by consent decree - Second suit for declaration claiming one relief inconsistent to consent decree...........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18 -- Partition of land assessable to land revenue - Once a preliminary decree for partition is passed and a precept is sent to Collector and Collector takes an action then all proceedings would lie before the Collector - If any person is aggrieved he has to take recourse to the remedies as available under the Land..........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Relief - Larger than claimed - Cannot be granted under guise of O.7.R.7 CPC - Suit for permanent injunction without any alternative relief of partition - Parties setting up rival claims of right, title and interests in respect of entirety of property - grant of preliminary decree for partition, held, not sustainable...........
Civil Procedure Code, 1908, Order 26, Rule 10, Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for partition - Preliminary decree passed - Appointment of Advocate Commissioner - Preliminary decree becoming final and final decree proceedings initiated - Respondent filing application for summoning Commissioner for cross examination - As it is for Court to pass final..........
Punjab Pre-emption Act, 1913, Section 15(1) -- Co-sharer - Preferential right to pre-empt - Suit for possession by way of per-emption - Private partition affected between the parties - Plaintiff not a co-sharer on the date of sale of land - Not entitled to decree of pre-emption...........
Civil Procedure Code, 1908, Section 53 -- Execution - Sale of ancestral property in execution - Partition of property does held between deceased J.D. and his sons who were Hindus - Decree can be executed against ancestral co-parcenary property - D.H. can proceed against share of sons of deceased in property attached...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Minor's property - Sale without permission of Court - Minor's property not dealt with for the benefit of the minor - Suit by mother on behalf of minor for partial partition and for setting aside sale - Suit decree by first appellate court - Decree, upheld...........
Rent and Eviction -- Partition suit amongst co-sharers - Tenant, if made party in the partition suit, can object to partition if it is shown that the same was not bona fide and made with an oblique motive to overcome the rigors of rent control laws which protected eviction of tenant except on grounds set out in the relevant statute - After partition is effected or a decree..........
