Civil Procedure Code, 1908, Order 8, Rule 1(3) -- Late production of documents - Partition suit - Defendant no.1 sought to produce original bank passbooks and bank statement of defendant no.1 and defendant no.2 - Trial Court exceeded its jurisdiction to deny leave to produce said documents on record by recording a finding that authenticity and genuineness of documents seem..........
Co-sharers -- Co-sharer has every right to raise construction on the portion of joint land which is in his exclusive possession which will be subject to adjustment at the time of partition...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Where separate possession of defendant/co-sharer on a parcel of joint land is established, he has right to enjoy separate possession until same is disturbed by partition - He has every right to alienate his share out of joint land - No injunction can be passed against defendant for restraining him..........
Partition suit -- Plaintiff claimed that his mother had married to defendant no.1 and he was born out of said wedlock - However, plaintiff was not able to establish that there were any matrimonial relations between defendant no.1 and his mother - Moreover, evidence on record shows that mother of plaintiff remarried after she was abandoned by defendant no.1 - Factum of..........
Partition suit -- Family settlement - Agreement for settlement of family property is entered into to give a right to plaintiff No.2 and avoid what would otherwise take place by normal entitlement of sharers under Mohammedan law - Defendant failed to prove that existence of Will and also family settlement is a fabricated document - Once the family settlement is proved as..........
Easements Act, 1882, Section 15 -- Easement - Right to fetch water from third party land - Oral evidence led by plaintiff with regard to right to fetch water is not sufficient to come to conclusion that plaintiffs have been exercising the said right from time immemorial without any interruption - Defendants purchased the property in question and in his sale deed there was..........
Partition suit -- Settlement of dispute by mediation and conciliation - Courts are required to explore these methods for amicable settlement of family disputes...........
Evidence Act, 1872, Section 112 -- DNA test - Partition suit - Plaintiff sought sibling DNA test to prove that she is daughter of `K' and `M' - However, DNA test even if allowed will not establish the marriage between `K' and `M' - Moreover, said marriage took place 81 years back and that no one who witnessed the marriage are alive and there exists no way to prove the..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu Female - For establishing full ownership on the undivided joint family estate u/s 14(1) of the Act, Hindu female must not only be possessed of property but she must have acquired the property and such acquisition must be either by way of inheritance or devise, or at a partition or "in lieu of maintenance or..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to incorporate properties mentioned in written statement - Since suit is for partition and permanent injunction, all the disputed properties should have been included in the suit - Same would not change the nature of suit - Application allowed for including additional..........
