Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Plaintiff asserted that when family settlement was not acted upon by defendant he filed suit for partition - Trial Court observed that this can be decided only after parties adduce evidence and dismissed the application - Order upheld...........
Partition -- Properties which had been given as dowry or otherwise at the time of marriage of daughter claiming a right of partition u/s 6 of Hindu Succession Act, would be amenable for partition and same would have to be included in a suit for partition...........
Partition -- Beneficiary of S.6 of Hindu Succession Act cannot claim a benefit by way of partition as regard to joint Family properties without reference to properties already received by her at the time of marriage as dowry/gift or otherwise...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint property - Order to the extent of maintaining status quo with respect to raising construction changing nature and encumbering the suit land, upheld - Partition proceedings cannot be halted, as revenue record establishing that suit land was joint between parties...........
Partition -- Partial partition - Principle that there cannot be a partial partition is not an absolute one - It admits of exceptions...........
Partition suit -- Co-sharers - Plea of ouster - Defendant intended to exclude only plaintiff from suit property by plea of ouster - However, other co-owners do not dispute title of plaintiff - Moreover, defendant curiously does set up exclusive title in himself as he is claiming 1/4th share thereby admitting title of other co-owners - Even, defendant was in possession of..........
Partition suit -- Preliminary decree - Appeal - Maintainability - Appeal only maintained against preliminary decree by which shares have been declared - There is thus, no reason to go into question about allotment of properties which is a matter to be gone into in final decree proceedings - Appeal dismissed...........
Family settlement -- Panchayat award in the form of resolution - Document styled as an award is only a memorandum of understanding/family arrangement to be acted upon in future - Such award was a mere arrangement to divide the properties in future by metes and bounds as distinguished from an actual deed of partition under which there is not only a severance of status but..........
Partition -- A document of partition which provides for effectuating a division of properties in future would be exempt from registration. (Registration Act, 1908, S.17(2)(v)...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Partition suit - Ancestral/joint family properties were partitioned in 1964 and acted upon accordingly - Fresh suit for partition and separate possession of suit properties not at all maintainable being barred by principles of res judicata...........
