Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(iii) -- Shamlat Deh - Exclusion from - Held, a person claiming that his land is excluded from `shamilat deh' u/s.2(g)(iii) shall be required to prove that - (a) land was partitioned before 26.01.1950 and - (b) was brought under cultivation by individual land holders - In present case, Jamabandis relied does..........
Co-owner -- Invasion on the right of co-sharer by other co-sharer - Co-owner is not entitled to injunction who sold a specific portion of the land by giving Khasra numbers, measurement of the boundaries and boundaries in the registered sale deed by asserting that there was no partition and that defendants have no right to cut the trees, which were planted on their share..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharer - Alienation - A co-sharer in exclusive possession of part of the joint property is entitled to deliver possession thereof to his alienee but the alienation, even of the specific portion, would be deemed to be alienation of share of joint property and would be subject to partition of the..........
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 113 -- Mortgage - Redemption - Joint Family Property - Entire mortgaged property redeemed by one co-sharer/co-mortgagor by paying full amount of mortgage money - Right of no, redeeming co-mortgagor remains for partition of the suit property to get his share in the suit property - Once the..........
Civil Procedure Code, 1908, Section 122, Rule of, 236 - - Final decree - Engrossment on stamp paper - Procedure for - Held, a final decree in a partition suit shall be prepared on no, judicial stamp paper of requisite value - A copy of final decree shall be sent to Sub Registrar for registration - A final decree cannot be engrossed on stamp paper of value proportionate to..........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18 -- Partition suit - Subsoil rights - Partition sought on the ground that demised property is joint family property of 1st respondent's father and appellant - Plaint schedule does not deal with subsoil rights of various items of landed property included therein - Held, it is well settled in law that subsoil rights do..........
Hindu Law -- Joint family property - Partition suit - Maintainability - In partition suit, plaintiff failed to prove unity of title and possession - Registered sale deeds by other co-sharer in respect of suit properties executed long time before have not been challenged in spite of knowledge of such sale deeds - Held, simple partition suit not maintainable - Unless such..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Grant against co-sharer - Held, every co-sharer has a right to property and to develop property in accordance with law, subject to the condition that such use of property will not render partition impossible - Either plaintiff may file a suit for partition and injunction, or may bring such facts and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for partition - Purchaser from a co-sharer - If his sale deed is not challenged on any other ground, is entitled to be made party in the suit for the reason that he cannot be allotted a share behind his back to which he may not agree...........
Co-sharers -- A co-sharer can transfer his undivided share but no possession can be handed over to the vendee unless the property is partitioned by metes and bounds amicably or through mutual settlement or by a decree of the Court - Vendee from co-owner shall be entitled for possession through partition only - In case of transfer of possession in favour of vendee then the..........
