Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 100 -- Suit for declaration and joint possession - Second appeal - Plaintiff failed to prove nature of property in view of prayer made by him in suit - Suit property is not ancestral property as contended by plaintiff - Concurrent findings of Courts below by dismissing suit is based on oral and..........
Partition -- Joint family property - `B' scheduled property proved to be ancestral property acquired by father of parties in partition between father and his brothers - Thus, plaintiffs entitled to share in said property - Suit partly allowed to extent of `B' scheduled property...........
Evidence Act, 1872, Section 101, 102 -- Ancestral property - Sale of property - Onus to prove - Is on alienee to show that sale was for legal necessity...........
Suits Valuation Act, 1887 -- Ancestral property - Plaintiff failed to prove that property in question is ancestral property - It was self acquired property of father of plaintiff/defendant no.1 - Defendant no.1 has every right to alienate the suit land without showing any legal necessity - Moreover, suit was filed after expiry of three years from the date of registration..........
Partition suit -- Property in question does not have the character of ancestral - Property successively devolved from original owner to first defendant/father of plaintiff through oral partition during life time of person with whom the property vested - Suit for partition held, rightly dismissed...........
Agreement to sell -- Specific performance - Plea of ancestral property - No specific plea to the effect that suit property was ancestral property was taken by defendant - On the other hand defendant styled himself as absolute owner and possessor of suit property - Two sons of defendant who signed the agreement to sell as attestors did not raise an objection for execution..........
Hindu Law -- Ancestral property - Owner of property died intestate in 1947 - Two sons of deceased inherited the property - Daughters of deceased did not make any claim in the property directly - However, they claimed a share through their mother - But there is nothing to suggest as to how widow of deceased acquired any share in suit property - There is no such averments..........
Hindu Law -- Ancestral property - Plaintiffs being daughters of deceased, who died intestate in 1947, claiming right in suit property - However, declaration u/s 6(1) of Urban Land Act, is not filed by plaintiffs, even when they attained majority - Having failed to do so, it is proved that plaintiffs were fully aware that they had no right in the suit property of deceased -..........
Partition suit -- Suppression of compromise decree in earlier suit by plaintiff where he was allotted one fourth share - Plaintiff did not claim property as ancestral property in earlier suit - Plaintiff seeking one sixth share in suit property shows his admission of suit property being self acquired property of his father - Suit for partition not maintainable...........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1) -- Parole - Ground of repair of ancestral house - Accused involved in 12 cases and his parents and two brothers can carry out necessary repairs of ancestral house - Merely because accused stands acquitted in 7 cases is no ground to release him on parole as his conduct is sufficient to conclude that..........
