Partition -- Joint family property - Right of widow to claim partition - Defendants asserted that plaintiff widow deserted her husband and therefore she lost her right to claim partition - However, reason why plaintiff left the house is not forthcoming in evidence of defendants - Evidence on record shows that relationship between plaintiff and her husband were good - It..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and confirmation of possession - Plaintiff not in possession of suit land on the date of institution of suit - Held, suit is not maintainable in absence of specific prayer for recovery of possession as required by S.34 of the Act...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - At appellate stage - Can be allowed even at appellate stage - However, when suit is dismissed as not maintainable for non joinder of necessary parties, then judgment and decree so passed cannot be permitted to be frustrated by allowing an application U.O.1.R.10 CPC...........
Specific Relief Act, 1963, Section 34, 38, Civil Procedure Code, 1908, Order 21, Rule 101 -- Suit for declaration that decree of possession passed in civil suit is null and void and also for permanent injunction and compensation - Objections against said decree already filed U.O.21.R.101 CPC in execution petition - Separate suit for declaration against the very same decree..........
Specific Relief Act, 1963, Section 6, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Suit for possession - Lessee under Gram Panchayat - If plaintiff was dispossessed during currency of lease or even thereafter forcibly, suit u/s 6 of Specific Relief Act is maintainable because the only issue which needs determination in such suit is whether a party has..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Maintainability - Where plaintiff established his possession and enjoyment of extent of his share inclusive of extra land as claimed by defendant, there is no need on part of plaintiff to institute suit for recovery of possession of disputed property - Suit for declaration and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Recovery suit - Defendant sought rejection of plaint on the ground that suit is not maintainable against any officer or servant of Trust u/s 97 of Town Improvement Act - However, plaint cannot be rejected merely on the basis of bar contained under said provision of law, as it will be..........
Lease deed -- Suit for possession - Maintainability - Once the document under which lessee claims to be tenants is void ab initio, possession of lessee cannot be accepted as a tenant holding over - Possession of lessee is unauthorized and therefore, suit for possession is maintainable...........
Civil Procedure Code, 1908, Order 37, Rule 1(2)(b)(i) -- Summary suit for recovery - Written contract - Joint motion/judgment of US Court - Consent judgment retains the character of contract and same cannot be altered or modified by Court without consent of parties who has consented thereto - Thus, notwithstanding joint motion having crystallized to a judgment of US Court,..........
Limitation Act, 1963, Article 60 -- Limitation - Partition suit - Mahomedan Law - Suit for partition filed by plaintiff after 28 years of attaining majority - Suit is not maintainable as plaintiff has not filed suit within 3 year after attaining majority u/art 60 of Limitation Act - Suit rightly dismissed...........
