Partition suit -- Evidence of PW1 and DW1 would reveal that with knowledge of defendants, suit item Nos.1 to 14 have been jointly purchased in the name of plaintiff - When name of plaintiff is found in document relating to suit item Nos.1 to 14, either it has been purchased for his welfare or he has contributed his share amount - Defendants have failed to establish their..........
Partition suit -- Suit property was claimed as joint family property by plaintiffs - Defendants in their written statement, did not specifically rely on this contention, instead, they pleaded that plaintiffs had already released their share for valid consideration, which itself indicates that suit property is joint family property in nature - There is no proof by..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Partition suit - Partition took place way back in the year 1968 as is evident from revenue record entries - Suit filed after a period of 55 years in the year 2023 - Many of family members had executed registered sale deeds in the year 1978 - Suit filed by plaintiffs was a..........
Limitation Act, 1963, Article 65 -- Limitation - Partition suit - Limitation commences from the date of exclusion or from date on which possession becomes adverse - Fact of exclusion and possession becoming hostile has to be pleaded and properly proved - Defendants have miserably failed to plead ouster or possession becoming adverse, in that view of the matter point for..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Registered partition deed was acted upon, which is admitted by defendant - However, defendant failed to prove that partition deed and both the sale deeds have been forged - Suit rightly decreed in favour of plaintiff...........
Civil Procedure Code, 1908, Section 53 -- Liability of ancestral property - Plaintiff averred that deceased borrower died leaving behind him, defendant, his mother and his brothers and his sisters as his legal heirs - Admittedly, no partition has taken place among legal heirs of deceased borrower - Property of deceased borrower in the hands of defendant cannot be construed..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1(2) -- Summoning of Tehsildar - Partition suit - Tehsildar cannot be summoned to Court to lead evidence merely on the ground to find out the discrepancy that seems to be in the areas of land purchased by parties in the agreement of sale and the area that was got mutated in the name of parties in the revenue records -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit land is joint and defendant was trying to usurp best portion of same without getting it partitioned as per plaintiff - However, defendant has raised a specific plea that suit land stood partitioned and partition had been implemented - Appeal filed against order of partition was dismissed in..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Proposed parties are admittedly children of one of co-sharer of parties to suit - They are necessary parties - Proposed parties though not shown as respondents in petition, however, their names were indicated in petition with all details of their identity - It is a..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit was for declaration and subsequent suit was for partition - Core issue in both the suits are different even though property is same - Parties are also different - Pendency of earlier suit does not call for stay of subsequent suit - Application rightly dismissed...........
