Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Joint petition against two tenants - Held,single eviction petition against two tenants of same building occupying adjacent premises is maintainable against both tenants...........
Specific Relief Act, 1963, Section 39 - - Mandatory injunction - Seeking vacant possession of house in question from daughter-i, law/defendant - Defendant failed to prove that house purchased from funds of Hindu Joint family property - Plea of daughter-i, law that construction of house in question was raised out of funds provided by husband pales into insignificance as..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Plaintiff claiming 1/4th share in suit property by alleging that property was acquired from joint family nucleus - Defendant however, pleaded self acquisition - Burden lies on plaintiff who asserts that there was nucleus with which the Joint family property was acquired - Plaintiff directed..........
Joint family -- Members of joint family not debarred from acquiring property separately...........
Hindu Law -- Hindu Undivided Family - Karta - Plaintiff/minor was the only surviving male coparcener after death of his father - Natural mother of plaintiff had played a submissive role in affairs of joint family and step mother of plaintiff had played an active and dominant role in managing said affairs - Such role of step mother was not opposed by natural mother and..........
Hindu Law -- Joint family property - Where second wife received the insurance money following death of her husband and same was used for purchase of suit property along with other funds which she had generated on her own, such amounts constitute the entitlement of all the legal heirs of deceased/husband though the same may have been received by second wife as nominee of..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Sale deed - Property pleaded to be coparcenary property and that alienation of same is without legal necessity and alleged sale deeds are without consideration and are fraudulent in nature - Court fee in such a claim in main suit is not required to be paid as sale deeds stand in the way of plaintiff..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Plaintiff claiming to be in exclusive possession - Defendant claiming that status of parties was joint - In partition proceedings possession was delivered to the parties on the spot and mutation was also sanctioned - Defendant did not challenge delivery of possession - From copy of Jamabandi for the year 1995-96 it..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to make inconsistent pleas already taken in joint written statement by adding some paras to original written statement and by withdrawing admissions already made - As far as admissions already made in original written statement, same cannot be allowed to be..........
Hindu Law -- Co-parcenary property - Members of joint Hindu family have no definite share in coparcenary property, but he has an undivided interest in property which is always subject matter of enlargement by death and diminished by birth in family - Interest in coparcenary property accrues to son from the date of his birth and his interest is always equal to that of his..........
