Punjab Land Revenue Act, 1887, Section 111, Civil Procedure Code, 1908, Order 1, Rule 10 -- Partition - Necessary party - Partition proceedings have been carried out without impleading all co-sharers which suffers from vice and even this aspect of matter has not been seen before passing order by Financial Commissioner - Order set aside...........
Co-sharer -- Concept of co-sharer is akin to one of co-owner which vests in both an equal right to the same property - Both the co-sharers being holders of equal share to the same property, apportionment thereof and division of the property can only be by means of a partition - Right to seek such a partition, naturally, will be in one of the two co-sharers...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No dispute that parties are co-owner/co-sharer - Only partition of property can resolve dispute - Injunction granted in favour of plaintiff is only to protect his possession till competent Court passes an order of partition and thereafter orders delivery of possession - Petition dismissed...........
Partition -- Preliminary decree - Attained finality - Subsequent event can be taken into consideration while working out the preliminary decree into the shape of a final decree - Preliminary decree cannot be reopened due to impleadment of a party - The only remedy available to such a party is to file a separate suit...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Plaintiffs asserted that suit properties are joint family properties and not partitioned by metes and bound - Defendants on the other hand asserted that some of suit properties are their self acquired properties - In view of said categorical stand of defendants, they shall begin first - Only..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for partition - Defendants claimed two items in suit properties as their self acquired properties - In such circumstances it is defendants who would begin first - Plaintiff shall be obliged to lead evidence in rebuttal only after defendants lead its evidence in proof of its case...........
Civil Procedure Code, 1908, Section 152 -- Correction of judgment - Partition suit - Location of property not correctly mentioned in judgment - Pursuant to orders passed by trial Court, plaint and decree stand amended - Merely because judgment of trial Court has not been corrected to indicate correct location of suit property, that cannot be ground to defeat execution of..........
Partition suit -- Grandfather of parties was declared owner of suit property in earlier judgment, which is relied upon by plaintiffs in this case - Plaintiffs proved that suit property belonged to grandfather of parties, who executed Will in favour of their father with life interest to their mother and therefore, parties being their children become owners of suit property..........
Joint family property -- Suit for partition - Execution of relinquishment deed - Plaintiffs executed relinquishment deed and relinquished their right, title and interest in joint family properties on their own will and volition receiving an amount of Rs.6 lakhs from defendants - But later they took the plea that deed was obtained by fraud - Except ipse dixit statement of..........
Partition suit -- Court has jurisdiction to make adjustment of share of parties in the final decree proceedings...........
