Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Restraining defendants from interfering in the possession of plaintiff - Without a suit for partition, injunction cannot be granted against a co-owner...........
Hindu Law -- Joint Hindu Family - Partition - Can be given effect orally or in writing also...........
Hindu Law -- Joint Hindu Family - Partition - Presumption under - Held, there is no presumption that any property was excluded from partition - Moreover, burden lies upon the person who alleges such exclusion...........
Hindu Law -- Joint Hindu Family - Partition - Property becomes a separate share of the members constituting joint family - It would continue to constitute corpus of joint Hindu family property and shall be in ownership of all members of family though Karta has right to enter into transaction, as may be necessary, for benefit of family...........
Punjab Land Revenue Act, 1887, Section 117 -- Partition - Title - Held, if during partition proceedings, a question of title arises, S.117(1) requires revenue officer, to reject application till decision of question of title or to decide question himself - Thus, where a civil suit is pending, revenue officer shall pass an order keeping partition proceedings in abeyance, to..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of partition suit - Permissibility - Plaintiff herself wanted partition - Substantial part of evidence has already been recorded - Suit is almost at final stage thus, same has to be determined on merit - Defendant No.1 is claiming 50% claim in suit property - He has some rights in respect of suit property as..........
Civil Procedure Code, 1908, Section 47 -- Final partition decree alleged to be inexecutale being vague - Commissioner had suggested two options in his report to divide the property - Trial Court left the exercise of selection of the option to the stage of execution - That does not render the decree vague...........
Punjab Land Revenue Act, 1887, Section 111, Civil Procedure Code, 1908, Order 9, Rule 13 -- Partition proceedings - Ex parte decree - Setting aside of - Held, no body should be condemned unheard - In present case, Assistant Collector, 1st Grade violated basic rule of audi alterm parterm while passing ex-parte order - Revenue authorities i.e. Collector, Commissioner as well..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Permission to adduce - Plaintiffs at time of filing plaint concealed true facts about previous partition and obtained decree in their favour - However, during pendency of appeal they admitted true fact by executing registered sale deeds - They failed to explain admission made by them in registered sale..........
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 41, Rule 27 -- Partition suit - Plaintiffs at time of filing plaint concealed true facts about previous partition and obtained decree in their favour - Clear admission made by plaintiff and their heir in sale deeds executed during pendency of appeal to effect that there had been partition..........
