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..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Defendant was put into possession of suit property pursuant to agreement to sell executed by father of plaintiff - Construction over suit property was raised by defendant with consent of plaintiff, who never objected to same - Possession of defendant is permissive and not that of an encroacher..........
Hindu Law -- Joint Family Property - Sale of Demarcated portion of joint land by one of co-sharer in favour of stranger - Does not amount to partition, as other co-sharers did not join expressing their consent for transferring the same - By purchasing the said undivided portion of joint land, stranger at the best became co-sharer, but he cannot claim any exclusive right,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining co-sharer from raising construction - Defendant purchased demarcated portion of land from plaintiff No.2/co-sharer and obtained a sanction plan from local Gram Panchayat for construction in said portion - Admittedly, defendant after purchasing said portion of land raised construction over..........
Evidence Act, 1872, Section 102 -- Burden of proof - Joint property - Plea of partition - Suit for permanent injunction - Defendant purchased property from son of plaintiff/co-sharer, who had no exclusive right, title and interest over property - Plea of partition taken by defendant that property is already partitioned between plaintiff and his sons including his vendor -..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from entering upon suit land and thereby creating any disturbance - Defendant purchased portion of joint family property from co-sharer/son of plaintiff, without consent of others, who acquired the same by partition - However, property stands in the name of father of plaintiff in record..........
