Civil Procedure Code, 1908, Section 47, Order 21, Rule 89, 90, 99 -- Suit for possession by way of partition - Preliminary decree for partition passed - Final decree applied for - Local Commissioner appointed to suggest mode of partition - Objections filed by one defendant - Dismissed - Son of said defendant filed objections contending that he being tenant in occupation of..........
Hindu Law -- Joint Family - In law there exists a presumption in regard to the continuance of a joint family - The party who raises a plea of partition is to prove the same - Even separate possession of portion of the property by the co-sharers itself would not lead to a presumption of partition...........
Adverse possession -- Co-owners - In a suit filed by defendants for partition in the year 1968 and a similar suit in the year 1978 plaintiff asserted hostile title claiming ownership in himself - Claim of hostile title by plaintiff was thus known to the defendants - Pendency of a suit does not stop running of limitation - Thus at least from 1968 onwards the plaintiff..........
Adverse Possession -- Suit for declaration of title on the basis of adverse possession - Co-sharer claiming adverse possession of the joint land - Co-sharers presumed to be in possession unless contrary is proved - Mere assertion of title by in itself not sufficient - Intention of possessing (animus possidenti) to be proved - Act and conduct of parties show intention of..........
Hindu Law -- Joint Hindu Family - Alienation by Karta & Co-parceners - Question of legal necessity - Hindu Undivided Family consisting of Karta & his five sons (co-parceners) - Karta and 4 co-parceners sold ancestral land ` Possession delivered to vendee - 5th co-parcener did not consent to the sale & sold his land to a third person - Vendee forcibly dispossessed by..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - Desire or bonafide need - Landlord separated from his family by way of oral family partition and as per family settlement landlord was also paid money - Landlord idle and not doing any work, whereas earlier he was in service - Need of landlord of shop to start business is..........
Partition Act, 1893, Section 2, 6, 7 -- Sale by way of auction in execution of a decree for partition - Violation of provisions of sec. 6 - Effect - Suit for partition - Preliminary decree passed - Local Commissioner submitted report that property not capable of partition by metes and bounds, requires auction - Property auctioned - Auction challenged - Sale conducted u/s 2..........
Punjab Land Revenue Act, 1887, Section 111, 116, 121 -- Family Partition - Mode of partition finalised - Partition proceedings on plea of family partition - Order vide which mode of partition finalised not challenged - No material on record to indicate that family partition was incorporated in revenue record - No judicial notice of plea of family partition can be taken in..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52 -- Impleadment of a party - Suit for partition - Transferee pendente lite - In no case rights of plaintiff will be affected - Purchasers are necessary and proper party - Allowed to be impleaded as a defendant in the suit...........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Order 1, Rule 10 -- Transferee pendentilite - Necessary & proper party - Suit for partition of joint land among co-sharers - Undivided share in the suit property sold by some co-sharers - Vendees entitled to come on record in order to work out equity in their favour in the final decree proceedings...........
