Co-sharers -- Plea of ouster - Proof of ingredients of adverse possession are undoubtedly indispensable even in a plea of ouster - However, there is additional requirement in the case of ouster that elements of adverse possession must be shown to have been made known to co-owner, as possession of a co-owner is treated as possession of other co-owners...........
Partition suit -- Co-sharers - Plea of ouster - Defendant intended to exclude only plaintiff from suit property by plea of ouster - However, other co-owners do not dispute title of plaintiff - Moreover, defendant curiously does set up exclusive title in himself as he is claiming 1/4th share thereby admitting title of other co-owners - Even, defendant was in possession of..........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment as plaintiff and consequential amendment - Interest in the shop devolved upon a person - He should be impleaded as a plaintiff - Consequential amendment of pleadings will be in the interest of justice - Basic parameters of suit not altered - There is nothing wrong in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration that plaintiff is joint owner and in joint possession - Non party to a document is not required to seek annulment thereof - Suit for declaration that transfer deed is not binding is sufficient - No ad valorem Court fee is payable - Application rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for declaration that both registered Wills be declared as null and void - Plaintiff seeking temporary injunction restraining defendant from alienating and transferring suit property during pendency of suit - Appeal against dismissal of application - Restraint order need to be passed in view of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Petitioner filed an application for impleadment, as his easementary rights are being affected - However, easementary right is independent right and same are not a subject matter of suit - Therefore, in case petitioner want to pursue the same, they are always free to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Defendants neither denied their signatures on agreement to sell nor alleged that agreement is a forged and fabricated document - Serious questions of fact and law are involved between parties which can be adjudicated after recording of evidence of both the parties..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory and mandatory injunction - Plaintiffs have established right over `C' scheduled pathway - Defendants on the other hand failed to establish any right over `C' schedule property - There is thus, an obligation on defendants not to invade or threaten right of plaintiffs over `C' scheduled way - Plaintiffs thus,..........
Hindu Succession Act, 1956, Section 14(1), 14(2) -- Word `possessed' in S.14 of the Act is used in a wide sense not requiring a Hindu woman to be an actual or physical possession of property and it would suffice if she has a right in the property...........
Civil Procedure Code, 1908, Order 7, Rule 11, Partnership Act, 1932, Section 69(2) -- Rejection of plaint - Suit for declaration and injunction - Sale transaction in question not arising out of business of firm - Suit is for enforcing right of avoidance of a document on the ground of fraud and misrepresentation and also the statutory right of seeking declaration and..........
