Family Courts Act, 1984 -- Distinction - There is fine distinction between a partition and family settlement - While a partition or family settlement is permitted among coparceners, it is only a family arrangement or settlement, if an outsider is included...........
Family Courts Act, 1984 -- Giving share to a stranger who is treated as member of family - It is a family arrangement and not partition in legal sense...........
Family Courts Act, 1984 -- Giving share to a stranger who is treated as member of family - It is family arrangement - Challenge thereto cannot be in respect of properties allotted to one person/stranger - Entire settlement must be challenged and not a part thereof - Plaintiff is estopped from his conduct by questioning family settlement and seek partition of suit..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit - Partition suit - Earlier suit for partition filed by defendants withdrawn - Plaintiffs deriving right to suit property through defendants - Though plaintiffs have independent right to extent of their share, but in view of family settlement having been acted upon to knowledge of plaintiffs they cannot..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim as to adverse possession - Rejection of - Partition suit - Defendant not preferred an appeal challenging rejection of his counter claim - Finding of Court as to counter claim thus, attained finality - Rejection of counter claim has least effect on specific defence taken by defendant as to allocation of suit in..........
Partition -- Plaintiff failed to prove by oral and documentary evidence that property mentioned in para No.2(d) of plaint was HUF property and plaintiff was not able to prove the existence of HUF at the relevant time - Partition of same rightly declined...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration of title, partition and separate possession - Suit property is ancestral property in which plaintiff is claiming half share - Defendant prayed for rejection of plaint on the ground that plaint discloses no cause of action in favour of plaintiff, as plaintiff is not son of ancestor,..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 2007, Section 42A, Constitution of India, 1950, Article 13, 14, 16, 19, 21, 31A -- Amendment u/s 42-A of the Act - Striking of - Amendment u/s 42-A of the Act states that management and control of jumla mustarka malkan land vests with gram panchayat and shall be utilized and continue to be utilized..........
Kerala Stamp Act, 1959, Article 42(1) -- Quantification of stamp duty - Partition deeds - Where there are more than two co-owners, each of such co-owner should be related to at least one other and in case there are only two co-owners, they should relate to each other in enumerated categories of relationship prescribed in explanation to Art.42 at time of execution of..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Plea by defendant in written statement of prior partition - Plaintiff not denying existence of prior partition in present case - Dispute has a great bearing on outcome on claim of a previous partition - Defendants directed to begin the hearing first...........
