Transfer of Property Act, 1882, Section 106 -- Notice under - Death of tenant leaving behind respondent, his mother, brothers and sisters - Notice u/s.106 served on the respondent alone terminating the tenancy - As heirs succeed to the tenancy as joint tenants and not tenants in common as such notice served on the respondent alone is sufficient...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction against co-sharer from raising construction over some portion of the joint property - When some co-sharers have already raised their houses on some portion of the land a similar use by one of the co-sharers cannot be denied to him by the other co-sharers and more so as undertaking given that in case of partition..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 32FF - - Partition of joint Hindu family property in September, 1956 between father - M and sons - D, J and K, partitio, deed registered in January 1958 and in Jamabandi 1958 - 59 sons recorded as owners of land- Agrarian Authorities did not accept partition and order declaring surplus area in the hands of father - M..........
Hindu Law -- Partition - Partial partition of joint Hindu Family Property governed by Mitakshara school of law - is valid...........
Hindu Law -- Joint Family Property - Relinquishment of share by coparcener in joint family property does not amount to transfer of property - Document in writing is not necessary nor requires registration. (Transfer of Property Act, S.5 & Indian Registration Act, S.17)...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Settlement of half of property in favour of his minor son with absolute rights and the other half in favour of his wife for her life with vested remained to son - Property acquired by son is his self-acquired property and not joint family property - Alienation of such property of minor son by his natural guardian..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Suit for specific performance of a contract of sale - A third person (not party to agreement to sell) claiming to be a joint owner of property (subject-matter of suit) - Not entitled to be impleaded as a defendant - Neither a necessary nor a proper party - Atul Sharma's case 1985 P. L. J. 143 Over-Ruled - Gurdev Singh's..........
Punjab Requisitioning and Acquisition of Immovable Property Act, 1953, Section 8(1)(b) -- Plea for issuance of direction to Authorities to submit petitioners applications for reference of dispute with regard to compensation to Arbitrator - Denial of receipt of applications but to verify correctness of assertion petitioners should be directed to produce office copies of..........
Hindu Succession Act, 1956, Section 22, Constitution of India, 1950, Article 14, 15, 19 -- Constitutionality of - Challenge on the basis of Articles 14, 15 and 19 of Constitution that right of pre-emption contained in Section 22 unreasonable restriction on right of citizen to acquire, hold and dispose of property - Preferential right to acquire interest in joint property..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 44 -- Question of title to property - Jurisdiction of Civil Court not taken away by Section 44 - Suit by K for joint possession of land as Consolidation Authorities due to a mistake included land in the holding of Z who was left with no right in land and Consolidation Officer delivered..........
