East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - Desire or bonafide need - Landlord separated from his family by way of oral family partition and as per family settlement landlord was also paid money - Landlord idle and not doing any work, whereas earlier he was in service - Need of landlord of shop to start business is..........
Co-sharer -- Suit for permanent injunction - Dispute as to user of tubewell - Tubewell in the name of defendant - Defendant claiming exclusive right and possession over tubewell on account of oral partition - Land jointly owned by parties - No proof of oral partition - Tubewell joint property of co-sharers...........
Partition -- Oral partition - There can be oral partition - Memorandum of past oral partition is not required to be registered...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(ii) -- Family settlement - Shop fell to the share of landlord by way of oral family partition - Tenant cannot challenge an oral partition - Oral partition of property is permissible mode of partition which can be adopted by any undivided Hindu Family...........
Easement Act, 1882, Section 13, 15, Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction restraining defendant from causing any obstruction in user of right of way - Agricultural land partitioned between real brothers - In partition deed itself the way granted to them for cultivation of agricultural lands allotted to their shares - Oral evidence in direct..........
Stamp Act, 1899, Section 35, 2(15), Registration Act, 1908, Section 17 -- Partition or memorandum of partition - Recitals showing that partition is effected by that document by specifying shares including payment of maintenance to mother and that no partition was done earlier by metes and bounds - Document not containing recitals that the parties have already taken..........
Civil Procedure Code, 1908, Order 41, Rule 22, Specific Relief Act, 1963, Section 34 -- Declaration of title and possession - Decree - Objection to - Defendant's husband had received properties situated in three out of five survey numbers in oral partition - Other heir received properties in three Survey Number - Sold the same - Categorical admission by plaintiff that..........
Family settlement -- There can be oral family partition of even immovable properties - Such oral partition is not required to be registered - Only those documents are required to be registered which are specified in S.17 of Registration Act, 1908. (Registration Act, 1908, S.17)...........
Partition -- Oral partition acted upon - Each one of the co-sahrers in possession of specific area - Order had received finality upto Apex Court - This having happened it cannot be said that the land was still joint merely because it was so shown in the revenue record...........
Will -- Suspicious circumstances - Second wife and daughters excluded leaving them almost destitute by not providing even for their maintenance - No reason mentioned - Original Will not produced and no satisfactory explanation given for non production of the original Will - Failure of propounder to produce Will in original cannot be made good by oral evidence of alleged..........
