Hindu Law -- Joint Hindu Family Property - Partition - Suit for partition during life time of father/karta is not maintainable...........
Partition -- Civil suit - Suit for partition between family members of landholder is maintainable in civil court...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Suit for permanent injunction - Plaintiff claiming exclusive possession - Defendant claiming that parties are in joint possession of the property - Counter claim whereby defendant seeking partition of the same - Title of suit property in dispute - Counter claim beyond pecuniary jurisdiction of Court - Held, counter claim not..........
Civil Procedure Code, 1908, Section 9, Evidence Act, 1872, Section 101 -- Suit for partition - Plea that suit is not maintainable without adding or joining all the properties of the joint family - No concrete pleading or proof - Held, there were no other properties except those mentioned in the plaint as such the suit is maintainable...........
Will -- Postponement of date of vesting of legacy - Testator gave 50% of the dwelling house to the brother and 50% to her sister and after the death of sister said brother was entitled to occupy the house absolutely - Thus only life interest was created in favour of sister - Suit of partition was maintainable by her but interest of the sister was confined to life interest..........
Specific Relief Act, 1963, Section 41(h) -- Suit for permanent injunction - Not maintainable when plaintiff has an equally efficacious remedy available - Property which was subject matter of suit was ancestral and coparcenary property - Plaintiff could assert right over the property by filing a suit for partition - Plaintiff filed a suit for injunction - Held, suit for..........
Hindu Succession Act, 1956, Section 20 -- Child in womb - Rights - Enumerated - (i) A child in the womb is entitled to a share in co-parcenary property of an undivided Hindu joint family; (ii) The child is entitled for a share in the joint family property when born alive and not otherwise; (iii) On behalf of the child in the womb no partition suit is maintainable; (iv) In..........
Civil Procedure Code, 1908, Section 11 -- Resjudicata - Subsequent suit for partition - Suit for partition of Joint Hindu Family Property - Arbitrator/Referee appointed by the parties - Award passed - Accepted by parties - Suit decreed in terms of award - Decree not drawn up as stamp papers were not filed by the parties - Second suit for partition in accordance with award..........
Partition -- Second Suit for partition - Maintainability - Party to a partition suit guilty of any conduct amounting to fraud which would render the previous partition ineffective & invalid - Subsequent suit for partition maintainable...........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 1 -- Suit for permanent injunction - Compromise - Decree passed on the basis of terms of settlement - Mutation refused by Revenue Authorities on the ground that by consent decree, right, title and interest of respondent is not declared - Second suit for declaration - Not maintainable in view of S.47 CPC - Though..........
