Court Fees Act, 1870, Section 7(iv)(C) -- Suit for possession and alternatively for joint possession and declaration that sale deed executed by his co-sharers is illegal - Neither plaintiff not any of alleged co-sharer in possession of suit property - Plaintiff rightly directed to pay ad valorem Court fee...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 99, 101 -- Execution - Objection by co-sharer - Decree of specific performance - Objector earlier also filed application objecting execution of decree, which was rejected on merits and attained finality - Yet after 5 years of such rejection, virtually on similar grounds subsequent application filed - Executing..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Revocation of licence - Seeking vacant possession of house - Plaintiff purchased 3-3/4 share out of 7 Marlas of land - Plaintiff thus became co-sharer - Remedy for him is to seek separate possession by way of partition - Till then he cannot seek ejectment of defendant by branding him to be licensee - Suit is..........
Civil Procedure Code, 1908, Section 47 -- Execution - Partition decree - Objection by transferee pendente lite - Appellant purchased the property during pendency of suit but prior to any preliminary decree being passed therein - However, appellant took no steps to apply to be impleaded in suit - Since appellant has purchased a share of a co-sharer in a partition suit..........
Specific Relief Act, 1963, Section 38, 39 -- Co-shares - Suit for permanent and mandatory injunction - Restraining defendant/co-sharer from raising construction on suit land and also from blocking path - Joint land - Suit land is recorded as Abadi deh and jointly owned and possessed inter se parties - Evidence on record proved that defendant is trying to raise construction..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Partition suit - Where plaintiff claims to be in possession of suit property, no ad valorem Court fee is required to be affixed, as every co-sharer is by legal fiction deemed to be owner in possession of every part of property...........
Co-sharers -- Joint land - Every co-sharer would be deemed to be in possession of every inch of land till same is partitioned by metes and bounds - Even if land is sold by specific khasra number out of joint land, same shall amount to sale of share only...........
Specific Relief Act, 1963, Section 6 -- Co-sharer - Suit for recovery of possession - A co-sharer without being in exclusive possession cannot oust other co-sharer from enjoyment of property as all co-sharers are deemed to be in possession over every inch of land...........
Civil Procedure Code, 1908, Order 9, Rule 13, Punjab Pre-emption Act, 1913, Section 15 -- Ex parte decree - Setting aside - Suit for possession on the basis of right of pre-emption granted to a co-sharer - Plaintiff's right of pre-emption stood extinguished by virtue of amendment to the Act, at the date when fresh decree by Court of first instance after setting aside ex..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit - Partition suit - Withdrawal sought on the ground that all the properties of family and other co-parceners as parties were not included in the suit - However, plaintiff has already availed the remedy of including other co-sharer as a party and also took steps for getting property included and..........
