Civil Procedure Code, 1908, Section 54 -- Partition - Pendente lite transferees - Appellants can raise appropriate claim before Collector in execution of decree transmitted u/s 54 CPC being representative of interest of his vendor and claim the right under JD, as he would be representing JD, decree can be enforced against him - However, he can definitely seek equitable..........
Partition suit -- Sanad Takseem - Merely on account of fact that one of co-sharers has expired just a few days prior to drawing of Sanad Takseem, said fact would not take away effect of partition effected between parties - Even otherwise, if Sanad Takseem has been drawn in favour of co-sharer who is stated to have expired in that eventuality LRs of said co-sharer can very..........
Partition suit -- Partition suit and declaration of sale deed as null and void - Plaintiffs failed to establish that they are legal heirs of original pattedar - They have also miserably failed to produce cogent material to show their continuous possessions vis-a-vis possession of suit property by defendants - Defendants on the other hand have been able to show that sale..........
Hindu Undivided Family (HUF) -- Partition - Partition effected between members of Hindu Undivided Family by their own volition and with their consent cannot be reopened unless it is shown that it was obtained by fraud, coercion, misrepresentation or undue influence, for which strict proof is required...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Res judicata - Suit for declaration that compromise deed is null and void and for partition - Suit is barred U.O.2.R.2 CPC as it did not include all the properties which were part of their earlier suit - Even, suit is hit by principles of res judicata or by constructive res judicata as..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Defendant himself admitted that plaintiff obtained survey nos.28 & 35 in partition and his family members have received some parts in partition - They cannot be permitted to challenge said partition especially when trial Court and Appellate Court have found said partition..........
Limitation Act, 1963, Article 109 -- Limitation - Partition suit filed by plaintiff on attaining majority by invoking Art.109 of the Act, without getting sale deed executed by his father, set aside is not maintainable...........
Partition suit -- Alienation by father - Father of plaintiff sold the property when plaintiff was minor for legal necessity and to discharge antecedents debts - Leave of Court thus, not arises - Mere fact that defendants to whom the property was sold not adduced any evidence to prove that they had paid valid consideration, is not fatal to proceedings, as documents relied..........
Limitation Act, 1963, Section 27 -- Extinguishment of right to property - Partition suit - Plaintiff though contended that he is in possession of portion of property, however, no evidence led by him that he was in possession of suit property on the date of filing of suit - S.27 of the Act thus, not given effect to rescue plaintiff's case, as he has not proved his..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Issue as regards re-adjudication and entitlement of the share would necessarily require adjudication only after a full fledged trial especially when there are disputed factual issues to be decided by Trial Court and not while considering an application U.O.7.R.11 CPC - Application..........
