Transfer of Property Act, 1882, Section 111, Civil Procedure Code, 1908, Order 20, Rule 19, Civil Procedure Code, 1908, Order 21, Rule 99 - - Partition suit - Final decree - Execution proceedings - Right of re-entry against tenant - Held, once execution court comes to the conclusion that claimants are indeed lessees it may not be correct or legal for Court to proceed..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Limitation - Suit for declaration, partition and cancellation - In paragraphs 13 and 14 of the plaint, it is specifically stated by plaintiffs that the alleged will dated 17.06.2008 and gift deed dated 28.03.2005 came to their knowledge on receipt of a copy of the..........
Easements Act, 1882, Section 15 -- Easement by necessity - Right to use cart track given by way of grant in partition deed - Cart track passed through lands of defendants and used by plaintiffs to reach to their property - Use of cart track admitted by defendants - Usage of such cart track was more than 20 years - Therefore, there cannot be any denial of right to use the..........
Partition Act, 1893, Section 3, 4, Civil Procedure Code, 1908, Order 21, Rule 89 -- Right of pre-emption - Exercise of - Preliminary decree for partition - Auction held in execution proceedings - Pre-emptive right of purchase not exercised at stage when sale certificate was to be issued or when matter was remanded by High Court for re-determining reserve price - Held,..........
Transfer of Property Act, 1882, Section 54 -- Sale and Release - Stamp Act, 1899, Art. 47-A - Distinction - Sale is transfer of title in immovable property to another for consideration - Release is transfer of rights in immovable property to an existing co-owner(s) which can be with or without consideration - Transferee under a sale is an altogether stranger, whereas in..........
Maharashtra Land Revenue Code, 1966, Section 247, Civil Procedure Code, 1908, Section 54 -- Partition - Effecting of - Appeal - Refusal to grant stay - Legality of - Two questions were raised in appeal u/s 247 before the S.D.O. - (i) that no notice was issued to respondent No.1 and (ii) that partition was hit by provisions of S.8AA of the Bombay Prevention of Fragmentation..........
Hindu Succession Act, 1956, Section 6 -- (As amended) Partition - Mesne profits - In absence of any pleadings and proof and in absence of any enabling legal provision to award mesne profits in a suit for partition, plaintiff is not entitled to mesne profits or maintenance...........
Kerala Court Fees and Suits Valuation Act, 1960, Section 37(2) -- Suit for partition - Court fees - Specific averment in plaint was that plaintiff was in joint possession of suit property with other co-shares - Ouster or exclusion from possession not shown - Plaintiff not liable to pay ad valorem court fee under S.37(1) - Payment of fix Court fees under S.37(2), proper...........
Punjab Land Revenue Act, 1887, Section 111 -- Private partition - Proof - Held, merely on the basis of entry of mutation, which was never sanctioned, it cannot be said that there was any private partition among co-sharers of total joint land - Non-sanctioning of mutation regarding alleged private partition and no, reflection thereof in revenue record for five long decades..........
Civil Procedure Code, 1908, Section 100, Punjab Land Revenue Act, 1887, Section 111 -- Private partition - Concurrent finding of fact - Second appeal - Concurrent finding of fact recorded by both Courts below rejected plea of plaintiff regarding private partition - Said finding of fact is based on proper analysis and appreciation of evidence led by both parties - Held,..........
