Possession -- Suit for possession and mesne profits - Respondent No.1 came in possession with the consent of one of the co-owners - Construction too raised with his consent - Normally a co-owner not entitled to raise construction of permanent nature on joint land without the consent of other co-owner - As construction had already been raised as such appropriate remedy now..........
Co-owner -- Construction already raised on joint land - Suit for directing defendant to deliver possession after removing construction - Not competent - Proper remedy - To sue for partition...........
Hindu Law -- Joint Family - Partition - Partition deed executed - Once intention to separate is expressed in a document, it results in severance of joint status - Its legal effect cannot be altered by subsequent conduct of parties - All properties of joint family not divided under the deed is of no consequence in view of intention to separate expressed therein - Father and..........
Civil Procedure Code, 1908, Section 47, 151 -- House - Partition - Final decree - 2/3rd share given to D.H. and 1/3rd share to first J.D. as per report of Commissioner - In execution proceedings J.D. raising objection that decree is inexecutable as suit property is incapable of partition and separate possession - Held, application of J.D. cannot be dismissed on the ground..........
Partition Act, 1893, Section 2 -- Sale instead of division - Where suit property cannot conveniently and equitably be divided between the parties to suit in view of nature and extent of property, Court may allot such item to one co - sharer and direct him to pay the value of the share of other co - sharer in money - Where such course is not possible, Court can direct..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Partition suit - Is deemed to be pending till a final decree is passed - A party can be impleaded even during final decree proceedings...........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Partition deed - Alleged to be in possession of plaintiff - Plaintiff denied its possession - Inspite of denial petition allowed - Failure to produce - Held, unless there is an order for discovery and inspection of any document and unless there is a wilful attempt to disregard such an order of Court, O.11.R.21 CPC is not..........
Hindu Law -- Coparcener - Partition - A coparcener, subject to local customary laws, can claim partition of his ancestral property from his father...........
Hindu Law -- Coparcenary property - Hindu Undivided family property - Right of female member of HUF to claim partition - A sole surviving male coparcener can constitute a HUF with a female member of the family but by virtue of her being a member of HUF that female does not become coparcener - The female can be a member of HUF but not of coparcenary - She does not have..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition and separate possession - Amendment sought to include certain items of joint family lands inadvertently not included earlier - Trial Court rejected application - Not proper - Amendment allowed...........
