Consent decree -- Decree for possession - (1) Decree in regard to possession and no right of ownership transferred; (2) No evidence that defendant actually appeared at the time of suffering the decree; (3) No evidence produced that any summons were issued in that suit; (4) No evidence led that partition was effected between grandsons and grandfather on the basis of which..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Partition suit - Plaintiff by way of proposed amendment wants to plead that his father held suit property in fiduciary capacity in trust for benefit of plaintiff and his mother - Held, fiduciary capacity in such transaction arises on account of relationship which father has with minor child - Proposed..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Sought on ground that no cause of action has arisen in favour of plaintiff - Partition suit instituted by son during life time of his father is not maintainable - Suit property cannot be partitioned in view of the Hindu Succession Act and plaint is liable to be rejected - Held, it is during course of..........
Hindu Marriage Act, 1955, Section 16(3) -- Illegitimate children - Right to property of parents - Limitation - Such children cannot ask for partition during lifetime of their parents but can exercise their right only after death of their parents...........
Evidence Act, 1872, Section 115 -- Estoppel - Applicability - Appellant simply alleged in written statement that partition was carried merely on papers - Warrant of ejectment was never executed at the spot and application for partition was allowed without following proper procedure and law governing partition - Fact that partition proceedings took place and appellant was..........
Co-sharers -- Can seek joint symbolic possession subject to his right to get actual possession of his share by seeking partition...........
Partition Act, 1893, Section 3 -- Partition suit - D1 contended at the time of passing of final decree that the entire house should have been allotted in his favour on the ground that he happened to be the major share holder in suit house - No application under the Partition Act, 1893 was filed - Held, contention liable to be rejected...........
Registration Act, 1908, Section 17(1)(b) -- Memorandum of partition acknowledging earlier oral partition by metes and bounds does not require registration - No stamp duty or duty penalty can be realized...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Both Courts below rejected share of plaintiff in item Nos.1 to 3 of Schedule I of suit properties on the only ground that plaintiff claimed those properties also for partition that he is legal heir of "V" and not as legal heir of deceased "V's" deceased daughters - Held, preliminary decree passed..........
Hindu Law -- Joint family property - Partition suit - Maintainability - In partition suit, plaintiff failed to prove unity of title and possession - Registered sale deeds by other co-sharer in respect of suit properties executed long time before have not been challenged in spite of knowledge of such sale deeds - Held, simple partition suit not maintainable - Unless such..........
