Civil Procedure Code, 1908, Order 1, Rule 9 -- Suit for recovery of possession and mesne profits against tenant - Plaintiff consistently taking stand that he acquired entire ownership of property - Except vague statement of defendant in written statement that there are other co-owners, there is no evidence to show as to who are the co-owners and what is the nature of their..........
Specific Relief Act, 1963, Section 39 -- Three houses allotted to three sons and pathway reserved common in a Will - One of the co-owners closed the pathway - Said action invalid as per clause of Will - Injunction granted...........
Specific Relief Act, 1963, Section 12 -- Agreement to sell by three co-owners - Can be specifically enforced against one co-owner in respect of his share. (Transfer of Property Act, 1882, S.44)..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Easement right over a pathway - Suit for declaration - It is not necessary to implead all the servient owners through which the alleged pathway pases - Only the person who obstructs the same need be made a party...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary parties - Transferees - Transferees becoming owners of the suit land by the date of the suit are necessary parties - Transferees not made party - Suit is not maintainable...........
Civil Procedure Code, 1908, Section 115, Order 22, Rule 1 -- Exparte eviction decree - Revision - Death of one of the landlords during pendency - L.R's not substituted - Right survives to other co-owners on record - Revision would not abate...........
Hindu Law -- Joint Family - Severance In status of Hindu Joint Family - No partition by metes and bounds - Sons of a co-parcener are equally co - owners alongwith erstwhile co - parceners of joint family properties - They are entitled to share in the properties...........
Limitation Act, 1963, Article 65 -- Adverse possession - Amongst co-owners - Ouster - There should be not only some overt act on the part of the co-owner in possession but the other co-owner should have either actual or constructive notice of such act - When notice is actually given possession at once becomes adverse - When no actual notice is given then co-owner claiming..........
Limitation Act, 1963, Article 64, 65 -- Adverse possession - Amongst co-owners - For possession to become adverse there must be ouster of the co-owner - In all cases physical eviction is not necessary to constitute ouster - In order to constitute ouster there should be a refusal express or implied, by the co-owner in possession to allow the other co-owners to participate..........
Adverse possession -- Amongst co-owners - There must be open assertion of hostile title coupled with exclusive possession and enjoyment of one of them to the knowledge of the others. (Limitation Act, 1963, Art.65)...........
