Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Petitioner contended that suit property claimed by plaintiffs encompasses the property purchased by him from defendant - Even if it is assumed that petitioner is a purchaser pendente lite and even if it is treated to be not bonafide purchaser, yet since the sale is brought about by..........
Partition -- Preliminary decree - Challenged by purchaser from one of the co-sharers that his rights are adversely affected as he has spent huge amount in raising construction - Appeal was dismissed but a direction was issued to demolish the construction on the suit plot forthwith - Demolition of already constructed buildings may not be in the interest of any of the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition - Amendment sought to include the left out properties - Amendment allowed - Order challenged by purchaser of undivided interest - While drawing a preliminary decree, a stranger purchaser has no say in the suit - Writ petition at the instance of stranger purchaser, dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Non-impleadment of a purchaser of one item of suit property would be fatal to suit in respect of said property, as he is necessary party to suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Subsequent purchaser from co-sharers of a joint family property proceeded with construction of property without land being partitioned amongst co-sharers or divided through settlement - No demarcation has taken place over land in question - In absence of partition or demarcation, it..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Purchaser of part of property from one of the co-sharers - Purchaser of an undivided share in the coparcenary/joint property is entitled to bring a suit for partition - Such purchaser allowed to be impleaded as a party to the proceedings - Order calls for no interference...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Purchaser of ancestral property is necessary party and in absence of such necessary party, partition suit cannot be adjudicated...........
Agreement to sell -- Specific performance - Sale of property to third person - Plea of bona fide purchaser - Agreement to sell in favour of plaintiff by defendants Nos.1 and 2 brothers - Defendant No.1 alone thereafter executed sale deed of half of suit property in favour of defendant No.3 - There was no partition in between defendant Nos.1 & 2 - Witness of sale deed in..........
Mohammedan law -- Joint property - Alienation of part of property by co-sharer without authority from other co-sharers - Purchaser is not entitled to adjustment of equities in respect of other properties held as tenants in common by such Muslim co-sharers and which have not been alienated to a third person - However, where such co-sharers who alienated specific property..........
Co-sharer -- Sale of property by one co-owners - Purchaser put in possession of a specific portion - Raising of construction by purchaser - Suit for injunction does not lie - Remedy is to file suit for partition - Sale of land by a co-sharer of property which is in his exclusive possession is subject to adjustment at the time of partition - Raising construction or..........
