Civil Procedure Code, 1908, Order 23, Rule 1(3)(d) -- Withdrawal of suit - Suit for specific performance - Initially the claim of plaintiff was that suit land was owned and possessed by defendant exclusively - But in the application for withdrawal of suit plaintiff claimed that suit land is part of a bigger plot purchased in the names of plaintiff, defendant and their..........
Limitation Act, 1963, Article 64, 65 -- Adverse possession - Suit for partition - Suit properties are streedhana properties of deceased - According to custom only daughters succeed to streedhana properties exclusively - But sons of deceased came to be in continuous adverse possession for 50 years - Daughters lost their right to claim possession by adverse possession and by..........
Hindu Marriage Act, 1955, Section 5 -- Customary form of marriage - Kudivaippu Marriage - Suit for partition - Under the Pristine Hindu Law, married daughters are not entitled to a share if their marriage was in Kudivaippu form after payment of streedhana to them at the time of their marriage - In the instant case, though defendants failed to prove the marriage of..........
Hindu Law -- Partition - Plaintiffs contended that suit property is Undivided Hindu joint Family Property while defendants contended that partition took place between father of defendant No.1 and husband of plaintiff No.1 under a registered partition deed - However, defendants failed to examine the attestors and scribe of the document to prove execution of partition deed..........
Specific Relief Act, 1963, Section 38 -- Co-sharer - Permanent injunction - Plaintiff in possession of suit property as co-sharer - A co-sharer in established possession can be dispossessed only during the course of partition i.e. by due course of law - Injunction granted, as it is not case of any one that plaintiff is using the land detrimental to the interest of other..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Withdrawal of admission - Categorical admission made in respect of partition - Under the garb of amendment defendant seeks re-partition of the property - Proposed amendment not bona fide - Amendment disallowed...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Without liberty to file afresh suit on the same cause of action - Partition suit - Fresh suit for partition by same plaintiff in respect of same subject matter is not barred U.O.23.R.1(3) CPC as cause of action for partition is recurring one...........
Partition suit -- Terms of perpetual lease of land underneath the property prohibiting partition thereof do not prevent the superstructure from being partitioned...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Partition suit - All the parties having share in the property - Plaintiff is entitled to relief of permanent injunction till the execution of final decree for partition - Parties restrained till execution of final decree for partition from alienating, encumbering or parting with possession of any share or..........
Hindu Succession Act, 1956, Section 6 -- Right of daughter in co-parcenery property - After amendment of S.6 of the Act, all daughters have to be treated as coparceners entitled to equal share, irrespective of fact whether they are majors or minors or married with one exception that partition should not have taken place before 20.12.2004...........
