Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiff and defendants both are having equal right over property in dispute unless it is divided as a consequence of partition suit - Therefore, to protect the property there is prima facie case and balance of convenience in favour of plaintiff as well as defendants also - Though..........
Partition suit -- In every partition suit there is implicit declaration of title of party, albeit, to the extent of share of parties...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Suit for specific performance - Issue as to whether plaintiffs are entitled for possession of subject matter of agreement without partition amongst other brothers and mother of petitioner, is a mixed question of law and fact - Unless plaintiffs proves readiness and willingness, no decree for..........
Partition suit -- Co-sharers - Each and every co-sharer is in possession of joint land and each co-sharer can seek partition of property at any time...........
Partition suit -- Co-sharers - Defendant and plaintiff are real brother and sister and property was purchased in joint names of parties - Execution of sale deeds in joint name itself has been admitted by defendant - Defendant was in actual possession of suit property - However, merely because plaintiff was residing separately does not mean that she has no right over suit..........
Partition suit -- Co-sharers - Execution of sale deeds in joint name of both plaintiff and defendant itself has been admitted by defendant - However, defendant has taken two contradictory pleas i.e. one that he is in exclusive owner in possession of suit property and the other, that he has become owner of suit property on basis of adverse possession - Plea of adverse..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that Sanad Takseem and mutation on basis of instrument of partition is illegal, null and void - Plaintiff was proceeded ex parte by Revenue Court in partition suit - If plaintiff is aggrieved by order passed by revenue authorities, then remedy available to him is to file appeal before superior Revenue Court -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Plaintiff is claiming his right in suit properties, which are alienated in years 1972 and 1975 - He attained majority in the year 1978 and was aware about aforesaid transactions in exclusion of his alleged right - However, plaintiff has no explanation for 43 years delay to assail..........
Partition -- Partition need not be effected in any particular/standard format...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Respondent No.3 sought his impleadment on the basis of agreement to sell in his favour by respondent no.2 - It would be appropriate to implead respondent no.3 as a party to suit, so that he could put forth his objections to any partition and equities that would need to be worked out -..........
