Partition suit -- Settlement deed - Overwhelming evidence on record to prove settlement deed between parties - There is written document which was followed by a receipt - Revenue record proves that deed of settlement was given effect to as parties entered into their respective possession - Even plaintiff admits that parties are in exclusive possession of respective shares..........
Partition suit -- Inclusion of land on which construction existed - Cannot vitiate the entire partition proceedings, as constructed houses have been allotted to co-sharer who has constructed the same along with land allotted to him - Moreover, no prejudice has been caused by such an action to either of parties - Argument that entire partition proceedings are bad cannot be..........
Partition suit -- Ancestral property - No document or oral evidence led to show existence of any Joint Family Property or nucleous - Both the Courts concurrently held that there is no iota of evidence to show that suit property is ancestral property of plaintiff to be divided along with her father - Mere plea that suit properties are ancestral property of plaintiff and..........
Family settlement -- Oral partition and thereafter putting it into writing for the purpose of information - Does not require to be compulsorily registered and stamp duty is not required to be compulsorily paid in respect of the same...........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of earlier suit without liberty to file fresh suit on same cause of action - Bar of subsequent suit - Partition suit - Bar U.O.23.R.1(4) CPC would operate only against individual plaintiff and not against his successor in title, as they would have continuous cause of action - Subsequent suit held, not barred..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of earlier suit without liberty to file fresh suit on same cause of action - Bar of subsequent suit - Partition suit - Bar U.O.23.R.1(4) CPC will not apply to suit for partition, as cause of action in such a suit would be recurring one...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Defendants by way of additional evidence are attempting to make out case that some of suit properties are purchased by them and they are their self acquired properties - However, no such plea was raised before trial Court as per written statement - There is even no..........
Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children born out of void marriage - Partition suit - Plaintiffs have not disputed that defendant no.1(a) had married deceased during subsistence of marriage with plaintiff with deceased - Though marriage between defendant no.1(a) and deceased is hit by S.11 r/w S.5(i) of Hindu Marriage Act and it is a void marriage,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Purchaser of part of property from one of the co-sharers - Purchaser of an undivided share in the coparcenary/joint property is entitled to bring a suit for partition - Such purchaser allowed to be impleaded as a party to the proceedings - Order calls for no interference...........
Civil Procedure Code, 1908, Order 26, Rule 13, 14 -- Report of Court Commissioner - Partition suit - Commissioner had determined 1/6th share by demarcating four boundaries as per sale deeds, yet one area survey no. did not tally with that of sale deed - Since there is no clarification on that aspect, Court below rejected the report of Court Commissioner - Order rejecting..........
