Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Purchasers of undivided share prior to institution of suit are necessary parties - Plaintiffs omission to array said purchasers necessitates reconsideration of matter after affording an opportunity to purchasers...........
Civil Procedure Code, 1908, Section 107(b) -- Powers of appellate Court - Remand - Partition suit - There is absence of relevant material as is required to adjudicate contentions in a suit for partition - Court sitting in appeal is not in a position to determine the case finally as contemplated in S.107(a) CPC - Matter remanded to trial Court...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Service of summons to subsequent purchaser - Partition suit - Service of notice of application U.O.39.Rr.1, 2 filed by defendant, cannot be taken to be service of suit summons to subsequent purchaser...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Service of summons to subsequent purchaser - Partition suit - Resort to notice by way of substituted service through paper publication in a mechanical manner without trial Court having found as regards factum of avoidance of notice by subsequent purchaser would vitiate order passed U.O.5.R.20 CPC...........
Kerala Land Tax Act, 1961, Section 3(3), 5(2), Kerala Land Tax Rules, 1972, Rule 4 -- Suit for partition - Land tax - Where co-owners/co-sharers are duly allotted shares pursuant to a final decree of civil Court in a suit for partition, it is the statutory obligation of competent revenue officials to ensure basic land tax is collected from such persons who are considered..........
Civil Procedure Code, 1908, Order 8, Rule 6C -- Counter claim - Suit for partition - Counter claim to include some properties - Defendant in the suit has right to seek inclusion of properties in the written statement-cum-counter claim - Such properties whether available for partition or they are separate or self acquisition of any party and not amenable for partition has..........
Hindu Succession Act, 1956, Section 6(as - - Partition - Right of daughter - Father (co-parcenar) died before commencement of Amendment in S.6 of the Act - On the date of death of father, co-parcenary consisted of father and his son - Notional partition between father and son is thus, required for passing an effective decree of partition in favour of daughter - Share of..........
Easements Act, 1882, Section 15 -- Easement by lateral support - When there is a large extent of property and only a small portion of property alone was subjected to artificial pressure by construction of any building or structure, that part of property alone would stand as outside the purview of S.15(2) of the Act and no easement by way of lateral support can be given in..........
Partition suit -- Plea of oral family partition taken by defendant - Defendants who asserted said plea failed to establish the same, cannot take a plea that plaintiffs should have approached civil Court for establishing an oral partition when they themselves asserting said plea - Onus was on defendants to establish the same - Contention of defendants that party denying..........
Revenue record -- Possession of land which admittedly is a joint khata in revenue records, does not confer ownership on the person who is in possession of a particular piece of land irrespective of share which he is entitled to - A party is entitled to respective share as per their proportion and would be declared owner of a particular piece of land, which may fall in..........
