Civil Procedure Code, 1908, Order 20, Rule 18, Hindu Succession Act, 1956, Section 23 - - Partition - Joint family property - Right of female heir to seek partition - Held, no right had accrued or come to vest in male heirs against female heirs whose right in dwelling house of family to claim partition was only put under embargo...........
Hindu Succession Act, 1956, Section 23(Omitted - - Dwelling house of Hindu intestate - Right of a married daughter in view of the restriction for partition of dwelling house - When third person is residing in such a house it loses its character as a dwelling house and thus property can be subjected to partition and can be demanded by a female heir from a sole male heir...........
Court Fees Act, 1870, Article 17(vi) -- Partition suit - Joint possession - Payment of Court fee - Sufficient averment in plaint regarding plaintiff's joint possession - Held, Court fee ought to have been only on fixed basis in manner contemplated u/Art.17(vi) of Court Fee Act...........
Punjab Land Revenue Act, 1887, Section 117 -- Partition proceedings - Abeyance of - Claim of petitioner is based on an agreement to sell - Suit for specific performance is pending where respondent No.3 has been restrained from alienating suit property - Said suit was filed in year 2008 and is yet to be decided - Both parties are recorded as owners of disputed land - Held,..........
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 113 -- Mortgage - Redemption - Joint Family Property - Entire mortgaged property redeemed by one co-sharer/co-mortgagor by paying full amount of mortgage money - Right of no, redeeming co-mortgagor remains for partition of the suit property to get his share in the suit property - Once the..........
Transfer of Property Act, 1882, Section 52 -- Warrants of possession - Objections - Suit for partition, declaration and permanent injunction decreed - Execution proceedings - Objection of JD that a registered power of attorney has been executed in his favour authorizing him to manage and take care of suit premises and thus he is not liable to hand over possession - Said..........
Civil Procedure Code, 1908, Section 96, 2(2), 151, Court Fees Act, 1870, Section 7(iv)(b) -- Deficient court fee - Partition suit - Trial court directed that before preliminary decree is drawn, plaintiff shall make good deficiency in court fee - Deficit court fee was not paid - Appeal filed against aforesaid order - Maintainability - Held, legally no decree was in..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Suit for partition among near relatives and ex-parte decree was passed - Held, delay could be condoned, by way of giving an opportunity to defendants, in the interest of audi alteram partem, subject to payment of total cost of Rs.5000/-..........
Hindu Succession Act, 1956, Section 11, 16, Hindu Marriage Act, 1955, Section 16 -- Suit for partition - Illegitimate child - Right to property - There are materials on record to indicate that suit schedule immovable properties belonged to late "C" - Not in dispute that he had died intestate - Held, second plaintiff being his daughter would be entitled to a share in the..........
Indian Penal Code, 1860, Section 467, 468, 471, 120B, 63, 64 -- and 196, Evidence Act, 1872, - Forgery - Memorandum of partition alleged to be forged and fabricated document - Photo copies in absence of non production of original is not admissible in evidence...........
