Punjab Land Revenue Act, 1887, Section 111, 114, 117 -- Partition of joint-land - Title of land to be partitioned disputed - Inter se dispute between brothers regarding extent of their shares in land to be partitioned pending in Civil Court - Relationship inter se co-sharers is immaterial - Title of every co-sharer (even if related as brothers) - Should be clear...........
Punjab Land Revenue Act, 1887, Section 111, 114, 117 -- Partition of joint-land - Title of every co-sharer in joint property - Should be clear - Relationship inter se co-sharers - Immaterial...........
Transfer of Property Act, 1882, Section 45 -- Two persons purchased land jointly - Joint owners not having unity of title or unity of interest in property - Joint owners having no interest in each others property - Relinquishment by one joint owner in favour of another - Such relinquishment amounts to deed of conveyance...........
Civil Procedure Code -- Applicant claiming to be joint owner of property in question - Dispute between brothers in regard to same property - Plaintiffs claim on the basis of registered sale deed giving them title as sole owners, other brother claims rights in property on the basis of agreement to sell - Both these documents alleged to have been executed by applicant long..........
Partition Act, 1893, Section 4 -- Partition - Joint Family Property - No finding regarding previous partition by metes and bounds between co-sharers - Suit for partition by one co-sharer - Dismissal on ground of prescription of title by adverse possession by other co-sharer - Illegal...........
Punjab Land Revenue Act, Section 116 -- Private partition objection and plea that question of title involved - Private partition not incorporated in revenue record - Disputed land still comprised in joint-Khatas of the parties - May be parties in exclusive possession of Khasra numbers of joint-land for convenience of cultivation - Cannot be treated as partition because in..........
Co-sharers -- Inter se rights and liabilities - AIR 1961 Punjab 528 followed therein held:(1) A co - owner has an interest in the whole property and also in every parcel of it (2) Possession of joint property by one co - owner is in the eye of law, possession of all even if all but one are actually out of possession.(3) A mere occupation of a larger portion or even of an..........
Hindu Law -- 'Stridhana' - Properties gifted to the bride before the marriage, at the time of marriage or at the time of giving farewell or thereafter are her Stridhana properties - It is her absolute property with all rights to dispose at her own pleasure - Husband has no control over her Stridhana property - It is not a joint property of wife and the husband - Husband..........
Hindu Law -- Ancestral Property - Partition - On a joint application signed by all brothers, property was mutated in name of father of appellant in 1929-30 - Facts conclusively prove that there was a prior partition by meets and bounds - Admission by defendant that there was further partition between appellant and his brothers - Appreciation of evidence by High Court was..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit based on joint title to the suit lands derived from the Sanad - Present suit not based on that Sanad but was based on subsequent Sanad - Earlier suit dismissed for non prosecution - Does not operate as res judicata...........
