Adverse possession -- Co-sharer - Plea is not available in absence of pleading and proof of ouster of co-owner in respect of whose share adverse possession is claimed - Even otherwise, claim for acquisition of ownership by way of adverse possession is being looked down upon by the Courts as an affront to human rights...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharer - Alienation - A co-sharer in exclusive possession of part of the joint property is entitled to deliver possession thereof to his alienee but the alienation, even of the specific portion, would be deemed to be alienation of share of joint property and would be subject to partition of the..........
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..........
Hindu Law -- Joint family property - Sale by co-sharer - Validity - Sale not challenged on ground that vendor had sold land beyond her share - Plea that vendor could not sell specific khasra numbers to vendees as she was not in possession of said khasra numbers - Even if specific khasra numbers are sold out of joint property which are not in exclusive possession of..........
Civil Procedure Code, 1908, Section 146, Land Acquisition Act, 1894, Section 28A -- Acquisition of land - Enhanced compensation - Right of co-sharer - Held, even a co-sharer who has not sought reference to court is entitled for enhanced compensation pro rata in accordance with his share in the acquired land...........
Agreement to sell -- Co-sharer - A co-sharer can sell his undivided share in joint property including a share in an agricultural land and the purchaser of such share comes in the shoes of the seller and he becomes co-sharer with the remaining sharers...........
Civil Procedure Code, 1908, Section 122, Rule of, 236 - - Final decree - Engrossment on stamp paper - Procedure for - Held, a final decree in a partition suit shall be prepared on no, judicial stamp paper of requisite value - A copy of final decree shall be sent to Sub Registrar for registration - A final decree cannot be engrossed on stamp paper of value proportionate to..........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18 -- Partition suit - Subsoil rights - Partition sought on the ground that demised property is joint family property of 1st respondent's father and appellant - Plaint schedule does not deal with subsoil rights of various items of landed property included therein - Held, it is well settled in law that subsoil rights do..........
Specific Relief Act, 1963, Section 37 -- Permanent injunction - Grant of - Excess share than their share, from holdings of other co-sharer, transferred by defendants in favour of subsequent purchaser - Statement of Patwari based on Revenue Record clearly establishes that excess land was transferred - Held, subsequent purchaser cannot said to be a bona fide purchaser -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Sale deeds - Not bona fide - Proof - Total area of plot 4 katha 11 dhur - One of the descendants of a co-sharer who had only 1/3rd share in that plot sold entire 4 katha 10 dhur - Held, there appears to be no perversity in concurrent findings of both courts below discarding sale deeds as suspicious and not..........
