Civil Procedure Code, 1908, Section 100, Order 39, Rule 2(A) -- Second appeal - Suit for injunction - Grant of - Challenge - As per documentary and oral evidence, there was family partition effected between the co-sharers with respect to the joint properties - Civil Court had jurisdiction over the subject matter of suit for injunction based upon undisputed title of the..........
Hindu Succession Act, 1956, Section 23 -- Dwelling house - Right of female to seek partition - Death of Hindu male in 1996 - After deletion of S.23 in the year 2005 female heir has a right to seek partition of dwelling house by metes and bounds and maintain a suit for partition of dwelling house though Hindu male died in 1996 - Contention that Amendment Act 2005 cannot be..........
Hindu Succession Act, 1956, Section 23 -- (As omitted by Amendment Act, 2005) - Dwelling house - Hindu female has absolute right to seek partition wholly occupied by joint family - Right of a female heir in a property of her father, who has died intestate is equal to her brother...........
Hindu Succession Act, 1956, Section 23 -- (Prior to deletion) - Dwelling house - Right of female to seek partition - Death of Hindu male in 1996 - After deletion of S.23 in the year 2005 female heir has a right to seek partition of dwelling house by metes and bounds and maintain a suit for partition of dwelling house though Hindu male died in 1996 - Contention that..........
Hindu Succession Act, 1956, Section 23 -- (As omitted by Amendment Act, 2005) - Dwelling house - Hindu female has absolute right to seek partition wholly occupied by joint family - Right of a female heir in a property of her father, who has died intestate is equal to her brother...........
Wakf Act, 1954, Section 3 -- Wakf land - No evidence that suit land was ever dedicated by pious Muslims for charitable purpose - Though in some of the jamabandies suit land is recorded as grave yard, but no evidence to establish such user had continued after partition of country - Held, merely because a notification had been issued in 1979 describing it as a Wakf property..........
Agreement to sell -- Specific performance - Part of contract - Sale by joint owner to extent of his share - Vendee would be entitled to get partition by stepping into shoes of his vendor - Decree of specific performance cannot be denied to purchaser. (Specific Relief Act, 1963, S.12)...........
Civil Procedure Code, 1908, Order 21, Rule 90, Partition Act, 1893, Section 2, 3 -- Auction - If any auction takes place by fraud or collusion the same is non est in the eyes of law...........
Partition Act, 1893, Section 2, 3 -- Partition - When a property is put to auction in a suit for partition, the provisions of the Partition Act shall apply...........
Partition Act, 1893, Section 2 -- Partition - Sale of property when division of property cannot reasonably or conveniently be made - Held, that there should be a request from a shareholder - A formal prayer to that effect may not be necessary - A positive finding that the property is incapable of division by metes and bounds is necessary and that the property cannot be..........
