Punjab Land Revenue Act, 1887, Section 111 -- Private partition - Proof - Held, merely on the basis of entry of mutation, which was never sanctioned, it cannot be said that there was any private partition among co-sharers of total joint land - Non-sanctioning of mutation regarding alleged private partition and no, reflection thereof in revenue record for five long decades..........
Civil Procedure Code, 1908, Order 22, Rule 4, Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 21, Transfer of Property Act, 1882, Section 106 - - Eviction decree - Execution - Impleadment of all legal heirs - Not necessary - Interest of deceased judgment debtor was duly represented by respondent No.1 and 2/4 in execution..........
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Self acquired property - Rule of blending - If there was no joint family property or coparcenery property in existence at the time of alleged throwing of the house in dispute by the plaintiff into the common..........
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Appeal - Remand - Counter claim - One plea of partition of joint family taken - Plea categorically rejected by trial Court - Held, it is clear that counter claim stood rejected - Matter cannot be remanded back..........
Civil Procedure Code, 1908, Section 100, 3(1) - - Definition of family - Held, definition of `family' u/s 3(l) of the Act, takes in its fold, the person, his wife and unmarried children - A `joint family' will give rise to several units of smaller families as and when partition or division is effected, whereas a `family' defined in S.3(1) of the Act, is a unit by itself,..........
Limitation Act, 1963, Article 65 --- Partition suit - Art.65 comes into play only when suit for possession of immovable property based on title is filed - Same is not applicable when suit for partition on previous joint possession is filed...........
Limitation Act, 1963, Article 65 --- Adverse possession - Amongst co-owners - Collection of rents - Mere collection of rents by one of the joint owners not sufficient to hold that his possession has become adverse to other joint owners...........
Transfer of Property Act, 1882, Section 105 --- Lease - Joint property - Collection of rents or leasing out by one co-owner - To be considered as leasing out by all co-owners...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Acquittal - Validity - Joint business of complainant and accused - Complainant agreed to leave joint business on payment of his invested share amount - Cheque issued by accused got dishonoured - Complainant himself has not come to the Court with clean hands - Case of complainant that he had invested..........
Hindu Law -- Partition - Reunion - Once partition takes place according to law it brings about separation - Therefrom property ceases to be joint - Even if thereafter coparceners live together and do cultivation jointly, the legal status brought about through partition deed cannot be ignored - It is only in rare cases that phenomenon of reunion can be established - It can..........
