East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Ejectment - Co-owners of property - Partition - Held, a tenant inducted by one of the co-owners cannot be defeated in his statutory right of protection under the Act of 1949 by an allotment in partition to other co-sharers of property so long as lease itself was not collusive or in excess of authority of..........
Pre-emption -- Right to - Held, preparation of `Naksha Be' cannot amount to cessation of ownership - It is instrument of partition which will create division - Suit had been disposed of on 27.08.1983 and sanad takseem had been prepared only subsequently on 29.08.1983 - Partition could not be said to have been effected on the date when suit was disposed off - Right to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for partition - Impleadment sought on the basis of Will executed in favour of applicant - Order allowing application, upheld...........
Hindu Law -- Joint Family Property - Death of father - Leaving behind only minor daughters and their mother - Held, where father dies leaving behind only minor daughters and their mother as natural guardian, share of daughters became definite - Question of family partition retaining character of joint Hindu Family property does not exist...........
Evidence Act, 1872, Section 115, Civil Procedure Code, 1908, Order 23, Rule 3 -- Partition - Compromise - Estoppel - Compromise and subsequent conduct of respondent spread over about 38 years has made appellant to believe that latter is absolute owner of suit property - Appellant enjoyed property as its absolute owner effecting mutation, paying revenue and making..........
Partition -- Status of parties - Held, among co-owners there is no distinction between plaintiff and defendant in a suit for partition...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Holdings have been divided by mutual consent and co-sharers put in possession of specific shares - No wrongful loss has been caused to the complainant, as he has sold his share much prior to partition deed - Held, prosecution motivated by malice and complaint has been filed to abuse the judicial process - FIR..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Previous suit instituted for compensation of acquisition of plot - Subsequent suit for partition of the entire property - Held, relief claimed in previous suit will not effect the proceedings of subsequent suit - Moreover, petitioner is not seeking stay of the proceedings of subsequent suit but earlier suit which is..........
Family settlement - - Oral partition - There is no prohibition under law for members of a family to partition the property orally - Partition does not result in transfer within the definition of `transfer' under Transfer of Property Act and it is specifically excluded - Therefore, oral adjustment of rights through partition does not require to be written at all...........
Family settlement - - Partition - If a partition is brought about through an instrument which contains the bargain between parties, it is required to be written on appropriate stamp papers and duly registered - On the other hand, if partition is oral and a list is prepared as a fait accompli, then such an instrument, which is in the nature of an acknowledgement of an oral..........
