Adverse possession -- Co-sharer - No adverse possession can be claimed by other co-sharer, in the absence of any evidence of ouster of a co-sharer...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 506, 120B -- Cheating - Quashing of proceedings - Allegation that co-sharer executed sale deed in favour of petitioner in excess of his share - As per material on record no fraud or deception has been caused by petitioner or co accused on informant - Dispute is purely of civil..........
Hindu law -- Joint family property - Alienation by co-sharer - Undivided co-sharer has right to alienate properties, but alienee cannot seek joint possession - Remedy available to alienee is only to seek partition from other co-owners...........
Co-sharers -- Sale of specific portion of land - No co-sharer recorded to be in possession of any specific portion of joint land - Partition between co-sharers not taken place - Sale of even specific portion of land would amount to sale of only a share in the joint land - As vendors were not in exclusive possession of any portion of the joint land, they could not deliver..........
Specific Relief Act, 1963, Section 38 -- Co-sharer - Every co-sharer has right over every inch of joint land till it is partitioned by metes and bounds - Appellants who stepped into the shoes of his vendors had no right to claim relief of injunction against other co-sharers...........
Co-sharer -- Can independently file suit against person who was in unauthorized possession - No need for all co-sharer to join in the suit...........
Co-sharer -- Till the land is partitioned amongst the co-sharers, all the co-sharers are entitled to use every inch of land and they are owners in possession of entire land...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plaintiff claiming himself to be in exclusive possession of suit land as co-sharer and that entries to the contrary be declared as null and void - However, plaintiff nowhere had laid any challenge to the entries whereby defendant was shown as co-sharer - There is no reason to discard the long standing revenue..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration challenging two Wills - Wills in question were validly executed and not proved to be forged and fabricated - Long silence of plaintiff from the date of mutation of Wills till 2007 established that he knew about the existence of Wills executed by his father whereby he divided one acres of land to his two sons who..........
Narcotic Drugs and Psychotropic Substance Act, 1985, Section 22(c) -- Recovery of 56 gms smack and 700 gms of diazempam powder - Accused was not caught on the spot and no recovery of any prohibited contraband is alleged to have been made from his possession - Recovery effected from the house of co-accused - There is no evidence on record that accused was related to..........
