Indian Penal Code, 1860, Section 467, 468, 471, 120B, 63, 64 -- and 196, Evidence Act, 1872, - Forgery - Memorandum of partition alleged to be forged and fabricated document - Photo copies in absence of non production of original is not admissible in evidence...........
Transfer of Property Act, 1882, Section 111, Civil Procedure Code, 1908, Order 20, Rule 19, Civil Procedure Code, 1908, Order 21, Rule 99 - - Partition suit - Final decree - Execution proceedings - Right of re-entry against tenant - Held, once execution court comes to the conclusion that claimants are indeed lessees it may not be correct or legal for Court to proceed..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Decree for accounts - Grant of - Held, in partition suit a coparcener is entitled to pray for accounts from persons having control and management of affairs of joint family property - It would depend upon the proof that manager or karta mishandled the funds that resulted in misappropriation - In absence of..........
Hindu Law -- Partition - Joint Family Property or Self Acquired Property - When it is established that joint family possessed some joint property which from its nature and relative value might have formed the nucleus from which the property in question could have been acquired, the burden shifts to the party alleging self acquisition to establish affirmatively that the..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of Court receiver - Suit for declaration and partition - Admittedly Defendant Nos.2 and 4 are using almost the entire suit property excluding the small portion of the 60 ft. desk being alleged to be used by Plaintiff No.1 and two other small portions which are in occupation of two of the occupants - Held, no party..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Under-valuation of partition suit - Determination of - No specific averment in plaint to the effect that plaintiffs have been excluded from possession of property in question - It is specifically pleaded that plaintiffs and defendant are co-owners of suit properties - It is further stated that "the..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Limitation - Suit for declaration, partition and cancellation - In paragraphs 13 and 14 of the plaint, it is specifically stated by plaintiffs that the alleged will dated 17.06.2008 and gift deed dated 28.03.2005 came to their knowledge on receipt of a copy of the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Initial suit was merely seeking relief of declaration of right, partition and injunction in respect of jointly owned family property, challenging relinquishment deed on ground of alleged fraud played by respondents herein - Defendant contested suit on ground that he was given in adoption - Plaintiff..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - No dispute that all the parties constituted a joint Hindu undivided family - Admittedly there was no prior partition deed or a decree of Court - Held, plaintiff being a coparcener in the Joint Hindu Undivided Family of deceased was entitled to 1/6th share as determined by Trial Court - Appeal..........
Civil Procedure Code, 1908, Section 122, Rule of, 236 - - Final decree - Engrossment on stamp paper - Procedure for - Held, a final decree in a partition suit shall be prepared on no, judicial stamp paper of requisite value - A copy of final decree shall be sent to Sub Registrar for registration - A final decree cannot be engrossed on stamp paper of value proportionate to..........
