Partition -- Joint land - Each co-sharer is entitled to a proportionate share, keeping in view overall quality and value of land...........
Co-sharer -- Cannot seek an injunction against another co-sharer except in a case where he shows that other party is in exclusive possession of common property and act of person in possession of property amounts to ouster of co-owner. (Specific Relief Act, 1963, S.38)...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Status quo - Co-sharers - Suit for separate possession - Suit for partition pending in between parties - It would be appropriate and in the interest of justice to ensure that parties continue with this position till final partition takes place and none of them is allowed to raise any sort of..........
Agreement to sell -- Specific performance - Vendors were co-sharer of suit property - Other co-sharers had no knowledge about agreement - Vendee aware of fact that vendors are not absolute owners of property - Vendee not taking any steps to perform his part of contract within time fixed for performing his part of contract - Fact of complaint against vendee regarding..........
Co-owner -- Suit has not been simply for declaration but for declaration to the effect that plaintiff-respondents and defendant-appellant as well as defendant-respondents are owners in joint possession in equal shares of the suit land - Maintainability of suit - Appellant failed to produce any convincing evidence on record to prove that she was in actual physical..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - By co-sharer - Dismissed on ground of failure to prove ownership on basis of Will - It is not for Rent Controller to decide the issue of title to the property...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - By co-sharer - Co-sharer has a right to file eviction petition and would to be entitled to seek eviction u/s 13-B of the Act given the fact that he is a non-resident Indian...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14, 17 -- Sale of immovable secured asset - Until and unless mortgaged property is demarcated and possession is taken thereof, it cannot be put to sale as petitioner is a co-sharer in the property who is neither a borrower nor a guarantor...........
Hindu Marriage Act, 1955, Section 16 -- Paternity of child - Applicability of S.16 of the Act - There is only a mere denial of marriage between father and mother of plaintiff - It will not constitute application of S.16 of the Act - Marriage being old one, having an old age of more than 51 years and not capable of proving by documents or by direct evidence - School..........
Mohammedan law -- Joint property - Alienation of part of property by co-sharer without authority from other co-sharers - Purchaser is not entitled to adjustment of equities in respect of other properties held as tenants in common by such Muslim co-sharers and which have not been alienated to a third person - However, where such co-sharers who alienated specific property..........
