Partition suit -- Settlement deed - Overwhelming evidence on record to prove settlement deed between parties - There is written document which was followed by a receipt - Revenue record proves that deed of settlement was given effect to as parties entered into their respective possession - Even plaintiff admits that parties are in exclusive possession of respective shares..........
Civil Procedure Code, 1908, Order 26, Rule 13, 14 -- Report of Court Commissioner - Partition suit - Commissioner had determined 1/6th share by demarcating four boundaries as per sale deeds, yet one area survey no. did not tally with that of sale deed - Since there is no clarification on that aspect, Court below rejected the report of Court Commissioner - Order rejecting..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Partition suit - Gift deed in favour of plaintiff sought to be produced - However, plaint does not include subject matter of gift deed sought to be produced - Reasons assigned by trial Court for rejecting application U.O.7.R.14 CPC are not perverse - Application rightly rejected...........
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..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Sale deed executed in excess acquired under the Will - Will, held not revoked, by executing an agreement in between some of the beneficiaries - Held, sale is valid only to the extent of land which was bequeathed in favour of vendor under the Will - It will be open for the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from further alienating property to third parties pending disposal of partition suit - Property in question is ancestral property as admitted by both the parties - Defendant thus, cannot sell entire joint property unless there is specific authority conferred on him by them to..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from interfering with plaintiffs right to construct a compound wall as per Partition deed of 1963 - There is no time limit prescribed under said partition deed for plaintiffs to put up compound wall - Plaintiffs exercised their right to put up compound wall only in the year 1994 -..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from interfering with plaintiffs right to construct a compound wall as per Partition deed - Defendants neither disputed partition deed nor established their right to claim adverse possession to prevent plaintiffs to exercise their right available to them under partition deed - Plaintiffs..........
Easements Act, 1882, Section 15, Specific Relief Act, 1963, Section 38 -- Right to pathway - Injunction suit - Right of way given to all parties under partition deed - There was thus, no necessity for an additional pathway running through entire extent of 69 cents - Contention of defendants that they do not have an alternative pathway is absolutely false statement -..........
Partition suit -- Joint Family property - Alienation of suit property by defendant No.1 - Right of defendant No.1 to alienate suit property is negated and invalidated by two Courts below - Suit property is joint family property of father of both plaintiffs and defendant Nos 1, 2, 4 - Father of parties thus, has no right to bequeath suit property to defendant No.1, nor has..........
