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...........
Agreement to sell -- Specific performance - Co-sharer - Co-sharers of joint property cannot stop one co-sharer from alienating his share - However, such alienation of share is subject to partition and rights of other co-sharers - Further, if one co-sharer enters into an agreement to sell qua his share as well as share of another co-sharer, the other co-sharer shall not be..........
Civil Procedure Code, 1908, Section 2(12), 151 -- Mesne profit - Claim by co-sharer from other co-sharer - Partition suit - Mesne profit can be claimed from a person who is in wrongful possession - Admittedly, parties are co-sharer and defendants are not getting any financial benefit out of suit property - Co-sharer has right over every inch of undivided property until it..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - No cause of action - Partition suit - Parties were related to each other and fact that properties are allegedly inherited from biological father was good enough cause of action to maintain a partition suit - Application rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Partition suit - Question of limitation is a mixed question of law and fact - Plaint for partition cannot be thrown out on the ground of limitation, as question of ouster etc., are all to be decided only with reference to facts pleaded and evidence recorded - Application..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Title to agricultural land can only be determined by Revenue Court - Civil Court has no jurisdiction to determine the title of agricultural land - Even a suit for partition of agricultural land lies before revenue Court...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition and permanent injunction - Plaintiff failed to prove his title to disputed land - Said finding of fact is arrived at after due appreciation of evidence on record and same cannot be upset while exercising jurisdiction u/s 100 CPC - Suit rightly dismissed...........
