Hindu Succession Act, 1956, Section 6(as - - Partition - Right of daughter - Father (co-parcenar) died before commencement of Amendment in S.6 of the Act - On the date of death of father, co-parcenary consisted of father and his son - Notional partition between father and son is thus, required for passing an effective decree of partition in favour of daughter - Share of..........
Easements Act, 1882, Section 15 -- Easement by lateral support - When there is a large extent of property and only a small portion of property alone was subjected to artificial pressure by construction of any building or structure, that part of property alone would stand as outside the purview of S.15(2) of the Act and no easement by way of lateral support can be given in..........
Partition suit -- Plea of oral family partition taken by defendant - Defendants who asserted said plea failed to establish the same, cannot take a plea that plaintiffs should have approached civil Court for establishing an oral partition when they themselves asserting said plea - Onus was on defendants to establish the same - Contention of defendants that party denying..........
Revenue record -- Possession of land which admittedly is a joint khata in revenue records, does not confer ownership on the person who is in possession of a particular piece of land irrespective of share which he is entitled to - A party is entitled to respective share as per their proportion and would be declared owner of a particular piece of land, which may fall in..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Preservation of suit property till disposal of suit - Direction to defendant no.2 - Partition suit - Defendant no.2 had expired - However, no steps taken by plaintiff to bring on record LRs of deceased defendant - Trial Court decided the application U.O.39.R.7 CPC without considering the fact that order U.O.39.Rr.1, 2 CPC is..........
Nature of deed -- Partition deed or Will - Executant disclosed her intention to give her share to plaintiff and also retain right to live during her lifetime along with her brother - Deed was signed by executant and plaintiff which is not requirement of Will - Will is always signed by executant of Will and partition deed is always signed by all the parties in which..........
Registration Act, 1908, Section 17 -- Un-registered partition deed - Cannot be looked into evidence for want of registration...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition - Plaintiff by way of amendment seek to add 2 ancestral properties at the stage of cross-examination of witness of plaintiff - Plaintiff is an illiterate and is residing in different cities for ekeing out livelihood and by inadvertence and oversight the factum of 2 properties which has..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenor - Partition suit - Intervenor purchased property and thus, has direct interest over subject in dispute - Intervenor is therefore a necessary party - Application rightly allowed...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Preliminary issue - Issue of limitation and Court fees - Partition suit - Issue of limitation and Court fee are very much inter linked as plaintiff is not in possession and both are factual issues which will have to be proved by defendants after leading evidence - Suit cannot be dismissed on said preliminary issues...........
