Revenue entries -- Partition suit - Entries in revenue records do not amount to severance of status - It is for parties to establish by credible evidence that there was an equitable partition...........
Hindu Law -- Joint Family Property - Partition - Plaintiff failed to prove that there is Hindu Undivided Family - No evidence on record that agricultural lands were owned by grandfather or brother of grandfather of plaintiff - Various parts of lands were transferred to various other persons and these transfers were not challenged by plaintiff at relevant time - Plaintiffs..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Decree for partition - Substantial question of law - Want of specific declaratory prayer for declaring documents of gift deed, Will or allotment as null and void, does not vitiate findings or decree - These are clear issue of fact or at any rate, mixed issues of law and fact - Courts below reasonably and fairly..........
Hindu Adoptions and Maintenance Act, 1956, Section 6, 7, 11 -- Adoption - Validity - Partition suit - Plaintiff admitted in her evidence that she has no proof of ceremony of giving and taking of her in adoption - Admittedly, there is no pleading in plaint regarding adoption being in accordance with provisions of the Act - Adoptive mother of plaintiff categorically stated..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Paternal grandmother of plaintiff seeking her impleadment in the suit - However, suit filed in the year 2014 and application for impleadment filed in 2019 - Paternal grandmother of plaintiff being head of family must have knowledge about family affairs and also about institution of..........
Specific Relief Act, 1963, Section 38 -- Permanent Injunction - Restraining defendant from encroaching passage - Joint land - Partition - Existence of any passage before partition proceedings looses any significance as such - In the partition proceedings, plaintiff and defendant given separate passages and specific areas mentioned in khasra numbers allotted to them -..........
Partition suit -- On basis of Will - Suit property equally divided between plaintiff and defendant - Dispute regarding common areas - Defendant raised the dispute of common areas - Such claim is considered by framing an issue, which is in accordance with pleadings and evidence on record - It is thus, not open for defendant to plead that directions issued in impugned..........
Punjab Land Revenue Act, 1887, Section 122 -- Partition proceedings - Sanction of mutation is not evidence of delivery of possession - Delivery of actual/physical possession can be only through an order passed u/s 122 of the Act...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit properties purchased by plaintiff through various vendors - Title of some of vendors is disputed - Relief of permanent injunction denied by Courts below - Plaintiff contended that Courts should have granted a decree for at least some extent of land to which vendors of plaintiff were found entitled to -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Filed by subsequent purchasers - Partition suit - Appellants filed second appeal before High Court and they were not parties before Courts below, but have interest in subject matter - Application for additional evidence also filed along with appeal - Substantial questions were framed - However, substantial..........
