Co-sharer -- Held, every co-sharer is presumed to be in possession of each and every parcel of land...........
Punjab Land Revenue Act, 1887, Section 111 -- Partition - Correction of khasra girdwari - Petitioner was neither owner nor co-sharer of land - Held, petitioner had no locus standi to file application for correction of khasra girdawari...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(iii) -- Shamlat Deh - Exclusion from - Held, a person claiming that his land is excluded from `shamilat deh' u/s.2(g)(iii) shall be required to prove that - (a) land was partitioned before 26.01.1950 and - (b) was brought under cultivation by individual land holders - In present case, Jamabandis relied does..........
Transfer of Property Act, 1882, Section 44 -- Co-sharer - Dwelling house - Co-sharer can sell his undivided share in a dwelling house to a person who is not member of the family but possession cannot be handed over to the vendee unless the property is partitioned by metes and bounds amicably and through mutual settlement or by a decree of Court...........
Co-owner -- Invasion on the right of co-sharer by other co-sharer - Co-owner is not entitled to injunction who sold a specific portion of the land by giving Khasra numbers, measurement of the boundaries and boundaries in the registered sale deed by asserting that there was no partition and that defendants have no right to cut the trees, which were planted on their share..........
Adverse possession -- Co-sharer - Plea is not available in absence of pleading and proof of ouster of co-owner in respect of whose share adverse possession is claimed - Even otherwise, claim for acquisition of ownership by way of adverse possession is being looked down upon by the Courts as an affront to human rights...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharer - Alienation - A co-sharer in exclusive possession of part of the joint property is entitled to deliver possession thereof to his alienee but the alienation, even of the specific portion, would be deemed to be alienation of share of joint property and would be subject to partition of the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharer - Alienation - Restraining further alienation - There should be a specific recital in the deed of alienation itself to inform the alienee about the pendency of the instant suit - In addition to it, both the parties directed to maintain status quo regrading possession and existing condition..........
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 113 -- Mortgage - Redemption - Joint Family Property - Entire mortgaged property redeemed by one co-sharer/co-mortgagor by paying full amount of mortgage money - Right of no, redeeming co-mortgagor remains for partition of the suit property to get his share in the suit property - Once the..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Possession - Statement of defendant by itself is not sufficient to belie the entries in the revenue record - Testimony of PW1 that his wife being co-sharer was in possession thereof remained uncontroverted - Defendant is not justified in claiming that she alone is the owner in possession of the suit land, in..........
