Suit for partition -- Tenant purchased 1/3rd share from one of the co-sharers - Status of co-owner extinguished status of tenant - Plea of tenant that he can be dispossessed from the suit property only by having resort to the provisions of Rent Act, not tenable - Suit for partition decreed...........
Rent and Eviction -- Tenant purchased 1/3rd share from one of the co-sharers - His status as tenant extinguished - Plea that he can be evicted only under Rent Act not tenable - Suit for partition decreed...........
Specific Relief Act, 1963, Section 22(2), 16(c), Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - suit for specific performance - In a suit for specific performance ingredients of S.16(c) Specific Relief Act must be satisfied - Suit decided without dealing with the matter raised in the suit - Failure to prove execution of agreement - 16 co-owners not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Unpartitioned property - Restraining other co-sharer from raising construction - A co-owner cannot seek injunction retraining another co-owner from raising construction - However, defendant cannot raise any claim qua the property just on the basis of his raising construction...........
Co-sharers -- Injunction against other co-sharer - Land not partitioned amongst co-sharers - Sale of land - Vendee becomes the co-sahrer in the suit property - Since land continues to be joint, the exclusive possession of the appellant thereon as pleaded and claimed by him cannot be said to have been established - A co-sharer who is not in actual physical possession of a..........
Co-sharers -- A co-sharer, who is not in actual physical possession of a parcel of the and, cannot claim any injunction against the other co-sharer - Remedy available is either a suit for partition or to get a decree of joint possession...........
Family arrangement -- A Deed of Family Settlement seeking to partition joint family properties cannot be relied upon unless signed by all the co-sharers - However, a party when takes advantage of it cannot contend that deed of family settlement is invalid...........
Punjab Land Revenue Act, 1887, Section 17 -- Suit for partition filed by one co-sharer before Asstt.Collector Ist Grade - Other co-sharers raised dispute regarding title of land - Asstt. Collector directed parties to get the title decided from Civil Court - However, order of Asstt. Collector not a speaking order as it was bereft of reasoning as to how there was a title..........
Transfer of Property Act, 1882, Section 44, Punjab Land Revenue Act, 1887, Section 112 -- Partition - Mode of - Sale of specific khasra numbers by co-sharers - Provision made in the mode of partition for allotment of those specific khasra numbers to the concerned co-sharer who sold the same - Allotment of those khasra numbers to the purchaser treating them co-sharer to..........
Hindu Law -- Joint Family Property - Undivided share of a co-parcener can be a subject matter of sale/transfer, but possession cannot be handed over to the vendee unless the property is partitioned by metes and bounds, either by the decree of a Court in a partition suit, or by settlement among the co-sharers...........
