Evidence Act, 1872, Section 68 -- Partition deed - Not compulsorily attestable - S.68 Evidence Act is not applicable to Partition Deeds...........
Permanent injunction -- Joint Hindu Family property - Karta's power of alienation - Injunction at the hands of coparcener - No injunction at the hands of a coparcener can be issued against the Karta of Joint Hindu Family restraining him from alienating the coparcenary property - Though a coparcener has an interest in the coparcenary property by birth, but he is not..........
Hindu Law -- Joint Family - Partition - Can be made by definite, unambiguous declaration of intention to separate from family...........
Punjab Land Revenue Act, 1887, Section 16, 116 -- Partition proceedings taken place in the presence of parties - Never raised any issue challenging partition during pendency of proceedings - No procedural illegality in partition proceedings which attained finality - Only interested to prolong and delay partition - Interference in revision declined...........
Punjab Land Revenue Act, 1887, Section 16 -- Revision filed after lapse of 37 years for reopening of partition already sanctioned - If entertained at such a belated stage, there will be no limitation to litigation - No justification in entertaining revision petition...........
Hindu Law -- Partition - Partial partition - There can be partial partition of Joint Hindu Family Property - In case of partial partition, joint family status may continue depending on intention of parties in respect of properties not partitioned and agreed to be kept joint...........
Adverse possession -- Joint Family Property - In order to establish adverse possession of joint property or joint family property, ouster must be pleaded and proved - A member of a joint family claiming absolute title to a certain property as having been allotted to him in partition cannot claim taking an inconsistent plea that he acquired title to said property by adverse..........
Family Settlement -- Family arrangement - Partition - Family arrangement is entered into to purchase peace by resolving any existing dispute or rival claims or disputes which may arise in future - There may be sharing of immovable property in family settlement or family arrangement - It is not a partition in normal sense of the term...........
Registration Act, 1908, Section 17 -- Memorandum of family partition - Does not require registration...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Suit for partition - Appellate Court rejecting application for amendment of written statement, dismissing appeal and confirming decree for partition - Position of law not considered - Likely hotch potch not taken into consideration - Shares also not defined - Also failure by appellate Court to consider that amendment..........
