Civil Procedure Code, 1908, Order 20, Rule 18, Hindu Succession Act, 1956, Section 23 - - Partition - Joint family property - Right of female heir to seek partition - Held, no right had accrued or come to vest in male heirs against female heirs whose right in dwelling house of family to claim partition was only put under embargo...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for partition - Plaintiff claimed that property transferred by mortgage deed - However, plaintiff failed to establish that said mortgage has ever been redeemed or even prayed for - Held, plaintiff not entitled to relief for partition...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Partition suit - Irreparable loss - Determination of - Held, a person, who remained in possession of the house in dispute for a period of more than 20 years and the settlement between the parties was reduced into writing and subsequently, after passing of such a long period, the suit is filed, then..........
Co-owner -- Invasion on the right of co-sharer by other co-sharer - Co-owner is not entitled to injunction who sold a specific portion of the land by giving Khasra numbers, measurement of the boundaries and boundaries in the registered sale deed by asserting that there was no partition and that defendants have no right to cut the trees, which were planted on their share..........
Hindu Law -- HUF - Partition - An agreement between the members of a joint family to hold and enjoy the property in defined shares, as separate owners, operates as partition, although there may have been no actual partition by metes and bounds...........
Co-sharers -- Separate possession of co-sharers - Does not mean that there was partition amongst the co-sharers - It may depict mutual arrangement for proper user of the land till partition is effected - Such arrangement for user of the joint land does not amount to partition thereof in absence of some document of partition or recording of same in the revenue record...........
Hindu Succession Act, 1956, Section 23(Omitted - - Dwelling house of Hindu intestate - Right of a married daughter in view of the restriction for partition of dwelling house - When third person is residing in such a house it loses its character as a dwelling house and thus property can be subjected to partition and can be demanded by a female heir from a sole male heir...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharer - Alienation - A co-sharer in exclusive possession of part of the joint property is entitled to deliver possession thereof to his alienee but the alienation, even of the specific portion, would be deemed to be alienation of share of joint property and would be subject to partition of the..........
Court Fees Act, 1870, Article 17(vi) -- Partition suit - Joint possession - Payment of Court fee - Sufficient averment in plaint regarding plaintiff's joint possession - Held, Court fee ought to have been only on fixed basis in manner contemplated u/Art.17(vi) of Court Fee Act...........
Civil Procedure Code, 1908, Order 23, Rule 1, Constitution of India, 1950, Article 226 -- Partition proceedings - Writ petition - Maintainability - Held, once the petitioners had invoked the alternative remedy of filing a civil suit to challenge the instrument of partition, they can not be heard in a writ petition once they had not succeeded in Civil Court and permitted to..........
