Co-sharers -- Injunction against other co-sharers - A co-sharer can seek relief of injunction against other co-sharers when such co-sharer is in exclusive possession to the exclusion of other co-sharers - However, when possession of all co-sharers is joint, relief of injunction cannot be sought by either of the co-sharers and the only relief which is available to the..........
Criminal Procedure Code, 1973, Section 145, 146(1) -- Attachment of shop - Joint possession - Petitioner claiming exclusive business in the shop in dispute whereas respondents No.2 & 3 claiming joint business - No documentary evidence to show that there was joint business in the shop - In case of joint possession and joint ownership no proceedings can be initiated by..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3) -- - New building - Previous construction (hall) - In dilapidated condition and not used for any purpose - New construction raised after getting the site plan sanctioned - Two walls kept intact and rest of the construction raised was new - Floor level was raised - Chajja on the first floor demolished -..........
Partition suit -- Plaintiff claimed one half share in suit properties on strength of sale deed - Execution of sale deed in favour of plaintiff not specifically denied in written statement - However, defendant set up defence that predecessor-in-interest of plaintiff executed sale agreement in his favour, but died before executing regular sale deed - Even suit for specific..........
Civil Procedure Code, 1908, Order 21 -- Execution of decree - Agreement to sell - Suit for partition - Plaintiff are owners in possession of suit property to extend of half share - Plaintiffs are only heirs after the death of deceased and said fact not denied by defendants - Moreover, as per defendants deceased predecessor-in-interest of plaintiff executed an agreement to..........
Civil Procedure Code, 1908, Order 21 -- Execution of decree - Agreement to sell - Suit for partition - Execution of agreement to sell does not confer any title itself in favour of party - Simply because for specific performance of alleged agreement to sell which was filed subsequently to present suit is pending, cannot be a ground to deny plaintiff to seek their right of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the behest of a purchaser from a co-owner against another co-owner - Similiciter suit for injunction filed by a purchaser from a co-owner against another co-owner is not maintainable - When suit itself is not maintainable then ad interim injunction cannot be granted - The only remedy available to..........
Co-owner -- Can transfer his individual share but no possession can be handed over to the vendee unless the property is partitioned by metes and bounds amicably and through mutual settlement or by a decree of the court - Vendee from the co-owner shall be entitled for possession through partition only...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, partition and permanent injunction - Plaintiff sought amendment seeking additional plea that defendants i.e elder son and daughter-in-law in breach of their confidential and fiduciary relation to deceased, purported to have got alleged gift deed in their favour, which is in English..........
Punjab Land Revenue Act, 1887, Section 121, 123 -- Private partition - Evidence on record shows that partition of shamlat land effected long back among co-sharers and every co-sharer put into possession of his respective share - Factum of partition and possession of respective co-sharer authenticated by revenue officials while recording entries in their record - Held,..........
