Punjab Land Revenue Act, 1887, Section 121, 122 -- Partition proceedings - Issuance of sanad takism - Filing of appeal after issuance of sanad taksim is probably malicious and mischievous...........
Evidence Act, 1872, Section 138 -- Cross-examination - Plaintiff and defendant nos.4 to 7 are claiming their rights indirectly against other defendants/petitioners - Main relief of plaintiff is for cancellation of sale deed - Position of defendant nos. 4 to 7 become as co-plaintiffs as they are seeking decree of partition vide counter claim against plaintiff and plaintiff..........
Police protection -- Claimed by daughter in law restraining father-in-law and his relatives not to evict her forcibly from matrimonial home - Action of police in helping daughter-in-law with one year child in her lap in getting inside the house when exposure of cold could have proved fatal to infant cannot be said to be illegal, arbitrary or unjust - Whether or not..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Where even if plaintiff admitted existence of title in favour of defendant No.9/applicant, that cannot per se disentitle him to an opportunity to prove his case at trial - There is no unequivocal or categorical admission in favour of defendant No.9 - As regarding relief of declaration sought, same are..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to include prayer for cancellation of sale deed and for inclusion of some new properties - It is not clear from material on record as to whether plaintiff was aware of her right over property transferred through sale deed by defendant but remained inactive to challenge..........
Agreement to sell -- Specific performance - Sale of property to third person - Plea of bona fide purchaser - Agreement to sell in favour of plaintiff by defendants Nos.1 and 2 brothers - Defendant No.1 alone thereafter executed sale deed of half of suit property in favour of defendant No.3 - There was no partition in between defendant Nos.1 & 2 - Witness of sale deed in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Earlier suit for declaration and permanent injunction filed by plaintiff dismissed - Subsequent suit filed for partition on different cause of action - After death of mother of plaintiff, Will came into force and plaintiff is challenging the same and regarding same relief of declaration..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17 -- Shared household - Where family member leaves shared household to establish her own household, she cannot claim to have a right to move an application u/s 12 of the Act on basis of domestic relationship - If at all complainant is having any right over property, she can file a suit for partition -..........
Partition -- Joint family property - Property in question is purchased by father of plaintiffs - Though plaintiffs contended that suit property is joint family property, but they failed to substantiate their claim - Execution of Will in favour of defendant not proved - When father died leaving behind a son/defendant and daughters/plaintiffs, all are entitled to succeed to..........
Co-owner -- Owns every part of composite property along with others and he cannot be held to be a fractional owner of the property unless partition takes place...........
