Protection of Women From Domestic Violence Act, 2005, Section 12, 18 -- Monetary relief - Death of husband - Wife lived in a shared household after death of her husband - However, wife was neglected and ousted from matrimonial home - Opposite parties have alleged that one room in shared household in which wife was living after death of her husband is in her possession and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Suit is pending since 2008 - Petitioner being husband of sole defendant is well aware of pending proceedings - Stand which has been taken in written statement is similar to what is being sought to be contended by petitioner - Despite the suit remaining pending for 11 years, no effort..........
Co-sharers -- Permanent injunction - Partition not effected in between co-sharers - Suit of plaintiff is barred u/s 41 Specific Relief Act as alternate remedy for filing suit for partition is available to plaintiff. (Specific Relief Act, 1963, Ss.38, 41)...........
Partition suit -- Will - Right of daughters - Testator bequeathed property absolutely to his wife and expressly vested in her power of sale and distribution of sale proceeds equally between four sons and four daughters and herself - However, on demise of testator his wife became absolute owner of property and property after her demise would not be governed by Will of..........
Partition suit -- Release deed executed by plaintiff - Plea that plaintiff was minor at that time - Onus was on plaintiff to prove that he was minor at the time of execution of release deed but he failed to prove his date of birth - Concurrent finding of fact that date of birth is not proved from School Leaving Certificate - Plaintiff has not pleaded any fraud and..........
Punjab Land Revenue Act, 1887, Section 122 -- Partition proceedings - Sanction of mutation is not evidence of delivery of possession - Delivery of actual/physical possession can be only through an order passed u/s 122 of the Act...........
Punjab Land Revenue Act, 1887, Section 122 -- Partition proceedings - Sanction of mutation - Once partition proceedings have finalized and deed of partition has been prepared, sanction of mutation by revenue authorities on basis thereof cannot be held wrong - There is no illegality in sanctioning of mutation on basis of instrument of partition...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - It is not necessary to include a person who is holding life interest over property as party to suit for partition...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit properties purchased by plaintiff through various vendors - Title of some of vendors is disputed - Relief of permanent injunction denied by Courts below - Plaintiff contended that Courts should have granted a decree for at least some extent of land to which vendors of plaintiff were found entitled to -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Without seeking relief of possession - Maintainability - Co-owners - Plaintiffs are co-sharers in suit property to the extent of 1/3rd share each - Every co-owner is deemed to be in joint possession of every inch of joint land even if same is in exclusive possession of one of co-owners - However, co-owner in..........
