Suit for possession -- Possession after partition whether tenant in common or gratuitous licensee - Possession of defendant after partition deed is executed is that of tenant in common, as earlier to partition deed, plaintiff and defendant being sons of deceased were members of Hindu Joint Family - After the death of defendant, property will not pass on to other co-sharer..........
Partition suit -- Hindu Joint Family property - Dispute between adopted son and step sisters - Succession opened up admittedly prior to Hindu Succession Act - Daughter thus, would not be a coparcener at that time - She would not be a legal heir who would take simultaneously with son in view of notional existence of adopted son by virtue of doctrine of relation back -..........
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..........
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..........
Partition suit -- Defendant No.2 was karta of joint family and he failed to establish his independent income to purchase properties that stood in his name - Properties purchased by defendant No.2 were impressed with seal of joint family since joint family possessed of adequate properties - Suit rightly decreed...........
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...........
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..........
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...........
Partition -- Joint Family Property - Residential property was purchased in the name of defendant in 1979 - Defendant contended that partition effected in 1960 and there was no joint family when said property was purchased and properties divided by entering into agreement in 1981 - However, neither any agreement was filed or proved nor there is any other evidence on record..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate one property after passing of preliminary decree in partition suit - Said property was purchased by petitioner from defendant no.1, thus it is joint family property and liable for partition - Since defendant no.1 used to manage all properties, plaintiff only came to know..........
