Rendition of accounts -- Right of - Available only when relationship between the parties is such that the rendition of accounts is the only relief which will enable the plaintiff to satisfactorily assert his legal right - It is available to a partner of a firm for dissolution of partnership firm and accounts, suit by beneficiary against trustee/s, suits by a member of the..........
Hindu Law -- Suit for partition - When all joint family properties are not made subject matter of suit then such suit is not maintainable...........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117 -- Partition of joint land - One of the co-sharer claiming ownership by way of adverse possession - Objected to partition on plea of pendency of civil suit involving question of title - AC Ist filed the application on account of pendency of civil suit - Collector in appeal directed AC Ist to decide..........
Rent and Eviction -- Partition suit amongst co-sharers - Tenant, if made party in the partition suit, can object to partition if it is shown that the same was not bona fide and made with an oblique motive to overcome the rigors of rent control laws which protected eviction of tenant except on grounds set out in the relevant statute - After partition is effected or a decree..........
Civil Procedure Code, 1908, Section 152 -- Decree amendment jurisdiction of - Partition suit - Went upto Supreme Court - Wrong description of property - Proceedings for final decree pending before lower court - Lower court competent to order amendment of decree...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Appointment - Suit for partition - For appointment of receiver wastage, damage and alienation of property are matters which require consideration...........
Civil Procedure Code, 1908, Order 13, Rule 2 -- Partition suit - Production of documents - Permission sought - Core question of parentage of one of the party - Judgements showing different parentage sought to be produced - Vital document - Allowed to be produced...........
Agreement to sell -- Suit for specific performance - Decree of partition and separate possession of property - Can be granted in addition to decree of specific performance. (Specific Relief Act, 1963, S.22(1)(a)...........
Agreement to sell -- Suit for specific performance - Relief in terms of S.22 Specific Relief Act incidental or ancillary to main relief of specific performance and in addition thereto - Ordinarily, proceeding for final decree for partition to be initiated after execution and registration of sale deed and not vice versa...........
Specific Relief Act, 1963, Section 22 -- Specific performance of agreement/contract - Grant of relief of possession, partition etc. - (i) In order to avoid multiplicity of proceedings/litigation, plaintiff/vendee can claim a decree for possession and/or partition in a suit for specific performance. (ii) Relief of possession and/or partition in terms of Section 22(1)(a) are..........
