Hindu Succession Act, 1956, Section 6 -- (As amended) - Right of daughter - Partition suit - Partition deed is prior to cut off date 20.12.2004 - Said partition deed not affected by Amendment Act of 2005 - Plaintiff/daughter not entitled to partition...........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Right of daughter - Partition suit - Plaintiff/daughter was married in the year 1967 and all other daughters were also married prior to 1989 - All the daughters were sufficiently presented with gifts and Sridhana which is not being denied by plaintiff and other daughters - Plaintiff and other daughters not entitled to..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Proceedings of title suit and execution are pending before two different Courts - Condition precedent for stay of execution proceedings U.O.21.R.29 CPC is that two proceedings should be pending before same Court - Application U.O.21.R.29 CPC rightly dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact on record that plaintiff had encroached upon some portion of Government land - Demarcation report is on record which shows that plaintiff had encroached upon government land - No evidence to disprove the said demarcation report was led by plaintiff nor any..........
Partition suit -- Implementation of partition decree - Writ of mandamus - Suit for division of land holding which was decreed is under scrutiny before Board of Revenue - There are disputed questions and in a garb of writ of mandamus, these disputed questions cannot be ignored nor adjudicated by Court - Liberty is given to petitioners to take recourse as may be available..........
Agreement to sell -- Suit for specific performance on basis of unregistered agreement to sell - Order passed as to status quo in respect of title and possession till disposal of suit - Suit for specific performance of an unregistered agreement of sale is maintainable - No error committed by trial Court while granting injunction in favour of plaintiff...........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 10 -- Impleadment of a party - Suit filed u/s 92 CPC - In a suit filed u/s 92 CPC, plaintiff could not be said the dominus litis - It would be Court which would examine as to whether parties were to be added or not...........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 10 -- Impleadment of a party - Suit filed u/s 92 CPC - Trial Court allowed the application simply on the basis of no objection having been given by plaintiffs and did not apply its own mind - Whether applicants were necessary or proper parties was not seen - It was not considered that they were strangers to lis as also..........
Partnership Act, 1932, Section 69(1) -- Un-registered partnership firm - Recovery suit filed by one partner of unregistered partnership Firm against other partner is not maintainable, as rigours of S.69(1) of the Act would apply on such suit...........
Agreement to sell -- Specific performance - Suit for specific performance does not come to an end on passing of a decree and Court which has passed decree for specific performance retains the control over decree even after decree has been passed...........
