Punjab Land Revenue Act, 1887, Section 117 -- Partition proceedings - Abeyance of - Claim of petitioner is based on an agreement to sell - Suit for specific performance is pending where respondent No.3 has been restrained from alienating suit property - Said suit was filed in year 2008 and is yet to be decided - Both parties are recorded as owners of disputed land - Held,..........
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 113 -- Mortgage - Redemption - Joint Family Property - Entire mortgaged property redeemed by one co-sharer/co-mortgagor by paying full amount of mortgage money - Right of no, redeeming co-mortgagor remains for partition of the suit property to get his share in the suit property - Once the..........
Transfer of Property Act, 1882, Section 52 -- Warrants of possession - Objections - Suit for partition, declaration and permanent injunction decreed - Execution proceedings - Objection of JD that a registered power of attorney has been executed in his favour authorizing him to manage and take care of suit premises and thus he is not liable to hand over possession - Said..........
Civil Procedure Code, 1908, Section 96, 2(2), 151, Court Fees Act, 1870, Section 7(iv)(b) -- Deficient court fee - Partition suit - Trial court directed that before preliminary decree is drawn, plaintiff shall make good deficiency in court fee - Deficit court fee was not paid - Appeal filed against aforesaid order - Maintainability - Held, legally no decree was in..........
Hindu Law -- Joint family property - Partition - Merely because father of joint family retains a larger share coupled with liabilities, it cannot be said that partition is not bonafide as he has got about four daughters to be married...........
Hindu Law -- Joint family property - Partition - All family members are bound by partition effected earlier by a registered partition deed between the family members and karta, so long as it is not cancelled and when no relief is sought for its cancellation in partition suit filed by them...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue as to whether unregistered document was admissible in evidence and whether it was partition or mere memorandum of partition, require evidence for its decision and cannot be decided as preliminary issue...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Suit for partition among near relatives and ex-parte decree was passed - Held, delay could be condoned, by way of giving an opportunity to defendants, in the interest of audi alteram partem, subject to payment of total cost of Rs.5000/-..........
Hindu Succession Act, 1956, Section 11, 16, Hindu Marriage Act, 1955, Section 16 -- Suit for partition - Illegitimate child - Right to property - There are materials on record to indicate that suit schedule immovable properties belonged to late "C" - Not in dispute that he had died intestate - Held, second plaintiff being his daughter would be entitled to a share in the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint after commencement of trial - Grant of permission - Validity - Held, prior to insertion of proviso clause to O.6.R.17 CPC, it was permissible for Court to allow belated amendment by compensating other side by awarding costs - But, pursuant to insertion of proviso, no application for amendment shall be..........
