Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Challenge to execution of sale deed - Original suit for declaration of title and injunction - Said suit was withdrawn - No liberty to file fresh suit granted - Order allowing withdrawal cannot constitute a decree - It cannot debar the defendant from taking the defence in the second round of litigations..........
Co-owner/Co-sharer -- Partition - Separation of joint status - How and when - Any co-sharer can cause a severance in the status of joint family by expressing his unequivocal intention to separate - Such intention can be expressed even by filing a suit for partition - But, despite such separation in joint status, parties may continue to possess the lands jointly unless a..........
Partition -- Co-owner/Co-sharer - Family settlement - Severance of joint status - Before the Court reject a claim of partition of joint family property, at the instance of all the co-owners, it must be established that there had been a partition by metes and bounds by reason of family settlement...........
Partition -- Co-owner - Joint family property - Family settlement - Relinquishment of rights in property to take effect in future on payment of amount - Amount not paid - One of the co-sharers not signatory of the family settlement - Suit for partition - Resisted on the plea of family settlement - By purpored deed of family settlement, co-owners had not partition the joint..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Specific performance - Filing of suit during pendency of suit for permanent injunction - When suit for injunction filed cause of action for filing suit for specific performance was not available to plaintiff - Cause of action in a suit for permanent injunction is different than the one in a suit for..........
Punjab Land Revenue Act, 1887, Section 111, 116, 117, 118, 119, 120, 121, Specific Relief Act, 1963, Section 37 -- Mode of partition - Ex-parte proceedings - Civil suit for injunction by the respondent, proceeded ex-parte - Injunction refused. Held - Civil Suit for injunction is different from partition proceedings. Injunction normally refused qua another co-sharer of a..........
Co-sharer -- Sale of specific portion of a khasra number by a co-owner out of a joint khewat would be a sale of a share out of joint land -Bhartu's Case 1981 PLJ 204 FB and Mange Ram's Case 2001(2) PLJ 441 SC relied...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Raising of construction - Not permissible before getting the land partitioned - Raising of construction is likely to affect the rights of plaintiff - Rights of co-sharer are required to be protected - Held, defendant rightly restrained from raising construction...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Plaintiff is not entitled to injunction merely on the basis of three stray entries in Khasra Girdwari and the same not incorporated in any Jamabandi...........
Limitation Act, 1963, Article 58, Specific Relief Act, 1963, Section 34, 36 -- Suit for declaration of title and injunction - Defendant claiming title in himself on basis of entry in record of rights - Suit filed within three years of date of getting knowledge about entry in record of rights - Held, suit is not barred by limitation...........
