Civil Procedure Code, 1908, Section 10 -- Stay of suit - Previous suit instituted for declaration of title and injunction - Subsequent suit for partition and separate possession - Causes of action in both the suits is entirely different and subject matter involved in both suit is also quite different - Both suits are neither between same parties nor regarding same..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Additional prayer for declaration flowing from facts and averments already made in the original plaint and subsequent events happened between parties - Proposed amendment is necessary to determine the real controversy between parties as merits of case is not to be discussed at this stage..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Plaintiff seeking impleadment of DDA and brother of defendant as party defendants - Suit property belonged to original owner by way of perpetual lease deed given by DDA - Various questions would arise regarding validity of sale done by brother of defendant - Reference was also made to..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Family settlement-cum-partition deed - Document required to be duly stamped but not stamped - Document is required to be impounded - It is only the original which can be impounded as impounding of photo copy is unknown to law - Copy of document when per se is inadmissible then same cannot be received in evidence -..........
Partition suit -- Court fee - Simple suit for partition by metes and bounds - Court fees is payable to extent of share claimed, and not on basis of valuation of entire property...........
Stamp Act, 1899, Article 55 -- Schedule 1 - Release deed - Releasors together released share in favour of Karta and other co-parcener and not to a particular co-owner - Property was being held jointly and there was no partition of interest in property among co-owners - Document in question would be a release deed and not conveyance or a gift deed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to incorporate the entire set of properties which were left over and are in continuity to case set up by plaintiff in plaint - Issues have been framed but evidence as yet has not been led - Refusal to allow amendment would leave the scope for filing fresh suit regarding..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Claim of applicants based on their independent interest as successors-i, title of suit property not on the strength of a contract in respect of which present suit for specific performance has been instituted - Applicants are neither necessary party nor proper party -..........
Joint property -- Sale of joint property without there being any family partition - Purchaser at the most will take joint possession along with other co-sharers...........
Kerala Land Reforms Act, 1963, Section 103, 74, 75 -- Revisional jurisdiction of High Court - Maintainability - Appellate Court set aside order of Tribunal granting cultivating rights to respondent - Challenge - As per evidence on record respondent`s predecessor has been cultivating tenant in respect of land in question - Failure of appellants in proving genuineness of..........