Partition -- Proof - When family settlement had taken place and members of family were enjoying property accordingly and then there are acts of ownership, not objected by other co-owners or members, as the case may be, then those instances can be definitely taken as proof of partition...........
Partition suit -- Long standing entries recorded in 7/12 extracts and also instances of sale that had taken place between defendants - Said transactions were never objected by plaintiff - This silence on the part of plaintiff also speaks for itself and it could have been definitely taken as prima facie indication of previous partition - More so, plaintiff admitted that..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction and possession by way of partition - Concurrent findings of two Courts below that revenue record produced by plaintiff on record demonstrated that suit land was joint and same had not been partitioned - Even, DW1 had admitted in her cross-examination that suit land was not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction - Co-sharer - Suit land is un-partitioned as on date - If a co-sharer is in physical possession of a part of joint land and possession is admitted by other co-sharer, he cannot be restrained from raising construction thereupon - Said construction shall..........
Civil Procedure Code, 1908, Order 41, Rule 5(3) -- Stay of execution by appellate Court - Partition decree - Decree appealed is decree in partition suit which only decides right of parties and share and it is not the money decree - Provisions of O.41.R.5(3) CPC thus, not applicable - Impugned order set aside...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Concurrent findings that suit properties were self acquired properties of deceased being a finding of fact based on material evidence on record is not liable to be interfered by High Court in second appeal in absence of any material illegality or mis-appreciation of evidence on record of Court..........
Partition -- Joint Family Property - Residential property was purchased in the name of defendant in 1979 - Defendant contended that partition effected in 1960 and there was no joint family when said property was purchased and properties divided by entering into agreement in 1981 - However, neither any agreement was filed or proved nor there is any other evidence on record..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22(1)(3), Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rules, 2014, Rule 21(2)(1), 21(2)(3) -- Ancestral property - Petitioner and his two brothers have undivided shares in suit property - Dispute of share and possession of disputed property is pure and simple, which can be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from further alienating property to third parties pending disposal of partition suit - Property in question is ancestral property as admitted by both the parties - Defendant thus, cannot sell entire joint property unless there is specific authority conferred on him by them to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiffs and defendants are co-sharers in suit property - Both the parties have relied on certain documents to establish their possession - Plaintiff neither pleaded nor established that he is in exclusive possession of suit property - Moreover, interest of plaintiff is adequately..........
