Civil Procedure Code, 1908, Order 39, Rule 4 -- Status quo order - Vacation of - Partition suit - Plaintiffs have failed to prove prima facie case of jointness - Whereas, defendants have brought several documents which are indicative of partition between three brothers - There is nothing joint between plaintiff and defendants - Status quo order vacated...........
Revenue entries -- Partition suit - Entries in revenue records do not amount to severance of status - It is for parties to establish by credible evidence that there was an equitable partition...........
Hindu Succession Act, 1956, Section 6, 4 -- Partition suit - Right of married daughters - Plaintiffs were claiming their father's share in suit properties and were not claiming as co-parcenars - There was no severance of status between father of plaintiffs and father of defendants - Plea of custom as alleged by defendant which prevents married daughters from claiming share..........
Hindu Law -- Joint Family Property - Agricultural land - Partition suit - Where plaintiffs failed to prove that they were getting any proceeds from income of agricultural land, it indicates that said land was not joint...........
Hindu Law -- Joint Family Property - Partition - Plaintiff failed to prove that there is Hindu Undivided Family - No evidence on record that agricultural lands were owned by grandfather or brother of grandfather of plaintiff - Various parts of lands were transferred to various other persons and these transfers were not challenged by plaintiff at relevant time - Plaintiffs..........
Agreement to sell -- Validity of agreement - Description of land qua each survey number, its location, dimensions and area is not mentioned in agreement - Agreement is not signed by Co-sharers (defendant nos. 4 & 5) of defendant Nos.1 & 2- Nothing on record to suggest that agreement was with consent and knowledge of defendant Nos.4 & 5 - It is not mentioned whether..........
Hindu Law -- Joint family property - Partition suit - Suit properties were ancestral joint family properties - Defendants failed to show that properties are self acquired properties - Initial burden of showing that there was a nucleus of joint family property is discharged by plaintiffs - Whereas, defendants for their part have failed to discharge the burden, which..........
Civil Procedure Code, 1908, Section 151, 96 -- Correction of decree - Partition suit - Appellate Court corrected share of plaintiff in decree of trial Court - Even if there is no particular prayer for such correction, appellate Court can correct the same, as appeal is merely an extension of original proceedings in suit - Moreover, in case of partition suit, any party could..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Decree for partition - Substantial question of law - Want of specific declaratory prayer for declaring documents of gift deed, Will or allotment as null and void, does not vitiate findings or decree - These are clear issue of fact or at any rate, mixed issues of law and fact - Courts below reasonably and fairly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Defendant sought amendment of written statement by raising counter claim for partition of properties standing in the name of plaintiffs - No material whatsoever was placed to show existence of such property and in view of inconsistent pleas taken by defendant about property in..........
