Hindu Law -- Joint family property - Partition - Plaintiff failed to prove that suit property was joint family property - No evidence that release deed in favour of defendants is unfair and prejudicial to the interests of plaintiffs - Suit was barred by principles of constructive res judicata on account of withdrawal of earlier suit filed by father of plaintiffs and..........
Partition -- Once, it is proved that partition proceedings were carried out at the back of plaintiff, then, partition proceedings as such are illegal and not binding on it - In that eventuality, land in dispute will be deemed to be a joint property of the parties and every co-sharer would be deemed to be in possession of every inch of land - In case, any co-sharer has..........
Motor Vehicles Act, 1988, Section 166A -- Accident - Contributory negligence - Compensation - Held, where plaintiff/claimant himself is found to be a party to negligence, then question of joint and several liability cannot arise and plaintiff's claim to the extent of his own negligence, as may be quantified, will have to be severed - In such situation plaintiff can only be..........
Hindu Law -- Joint Hindu Family - Partition - When a part of joint family property is given to wife of a coparcener during his lifetime towards her maintenance, the said property must be put to her share if she claims partition of joint family properties after her husband's death, even though the said property has become her absolute share under Hindu Succession Act and..........
Hindu Law -- Joint Hindu Family - Separate property - Defendants contended that item No.6 of plaint A schedule property is self acquired property of their father who died - Deceased has no independent source of income or neither he purchased the property with a clear intention to enjoy it exclusively - Deceased was Karta of joint family and family remained joint till the..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - A standing tree belongs not to the person by whom it was planted but to the owner of land from which it draws its support and sustenance - In the instant case, suit land is admittedly joint between parties, and therefore, defendants, who are cutting poplar trees standing on joint land claiming exclusive..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners - In jamabandi defendant not depicted in possession of any specific land - In case defendant claims ownership or separate possession of any particular land, then appropriate remedy for him is to seek partition of joint property - Held, defendant cannot be permitted to forcibly..........
Transfer of Property Act, 1882, Section 118 -- Exchange - Oral transaction - Transfer of property by way of oral family arrangement is possible only in respect of properties which are held as joint family properties or held in joint tenancy - But when there is a mutual transfer of separate properties by way of exchange, provisions of S.118 of the Act would be applicable...........
Joint Family Property -- Joint Family Property and Coparcenary property - Distinction - A coparcenary property which is to be inherited from common ancestors is that each and every coparcener has joint interest and joint possession therein - Joint Hindu Family property can be managed by a karta, who has same powers which can be exercised by a manager - He is supposed to..........
Limitation Act, 1963, Article 65 -- Adverse possession - Plea of adverse possession must be expressly raised and established - One cannot be permitted to raise mutually inconsistent pleas at different stages of suit to base his claim as sharer in ancestral property and other plea based on adverse possession - Plea as to adverse possession and claim thereof cannot commence..........
