Evidence Act, 1872, Section 101 -- Burden of proof - Partition suit - Initial burden of proving suit property to be joint family property is on plaintiffs - Therefore it is for plaintiffs to prove through oral and documentary evidence that suit property was purchased out of joint family income...........
Hindu Law -- Joint Family Property - Partition suit - Plaintiff admitted that suit property is self acquired property of mother/defendant No.1 - No iota of evidence produced by plaintiffs to show that suit property is joint family property - Plaintiffs not entitled for relief of partition as claimed in the plaint - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Subsequent purchaser from co-sharers of a joint family property proceeded with construction of property without land being partitioned amongst co-sharers or divided through settlement - No demarcation has taken place over land in question - In absence of partition or demarcation, it..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed and permanent injunction - Property in question is a joint family property which has been sold without there being any partition - Suit thus, cannot be rejected merely on basis of plaint averments - Application rightly rejected...........
Punjab Land Revenue Act, 1887, Section 121, 118 -- Partition - Once decision on the property to be divided and on the mode of partition is taken by Revenue Officer u/s 118 of the Act, joint status of parties would stand severed on the date of such decision, subject to decision in appeal if any preferred by party - Merely because instrument of partition was not drawn, it..........
Hindu Law -- Joint Family Property - Partition suit - Registered partition deed executed between parties in the year 2001 - However, plaintiff contended that said partition deed is contrary to interest of plaintiffs and same is obtained by fraud - There is no specific assertion as to materials regarding fraud other than nearly stating that mother of plaintiffs is unknown..........
Partition -- Joint Family Property - Plaintiff failed to discharge the initial burden that property acquired jointly by defendant no.1 and his brother - Though property is purchased in the joint name but plaintiff failed to prove that there was any nucleus which yield such income to acquire property - Property in question is self acquired property of defendant no.1 - Suit..........
Partition suit -- Joint family property - Defendant no.1 admitted that his name was recorded as Manager of joint family and he never objected to mutation entry - Both the Courts accepted that suit property was ancestral joint Family property and entitlement of plaintiff for partition and separate possession of suit property - No interference warranted in said concurrent..........
Agreement to sell -- Specific performance - Readiness and willingness - Joint Family Property - Agreement to sell was established but executor of agreement himself was not competent to enter into an agreement to sell as property in question is a joint family property and was never partitioned - Defendant alone has no right to dispose of joint family property - Relief of..........
Agreement to sell -- Specific performance - Merely an assertion in agreement to sell (Iqrarnama) regarding taking consideration of Rs.5 lakhs and handing over possession is not sufficient to prove possession over property, especially in the circumstances when property is a joint family property...........
