Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction restraining defendant from interfering in the construction being made on the first floor - Partition - Plaintiff was not given any right to use the roofs on his two rooms for raising construction though he had the right to use the stair case and the courtyards whether on the ground or on the roofs -..........
Evidence Act, 1872, Section 111, Contract Act, 1872, Section 16, 18 -- Signing a partition deed by a person under the bona fide impression that he was executing a Will - Held, when mind did not accompany the signature, the document was of no value and deemed to be void...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Partition suit - Agricultural properties which are likely to fetch profits - Some of the parties in sole possession to exclusion of others - Apprehension of trees being cut and removed - Court can appoint Receiver - To appoint a Receiver is discretionary power of Court and exercise of discretionary power must be..........
Punjab Land Revenue Act, Section 116 -- Partition-Purchaser entitled to seek partition - Pre-emption proceedings between the parties-Does not raise a question of title-Partition proceedings should not be deferred on that account...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Suit for partition and separate possession based on Will - Service of interrogatories to find out truth of a registered Will alleged to have been executed subsequently - Permissible...........
Partition Act, 1893, Section 4 -- Suit for partition - Title of appellant as co-sharer denied by other shareholders - Appellant claiming purchase of share in said property as successor-in-interest of `A' who had purchased same in Court-sale - Sale certificate issued by Court and entry in register of Court proving title of `A' - Appellant thereby is co-owner with..........
Punjab Land Revenue Act, Section 13, 16, 116, 121 -- Against Naqsha Zeem - Appeal/revision maintainable-Instrument of partition (drawn up after partition has been completed)-Not subject to appeal/revision...........
Punjab Land Revenue Act, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Partition-Applicant shareholder in joint land-Does not claim any relief against other co-sharers-Only seeks a fair and just separation of his share...........
Punjab Land Revenue Act, Section 116, 118 -- Applicant who seeks partition of his share out of joint land if dissatisfied with original or appellate order regarding mode of partition-Can withdraw application for partition-Partition case stands closed unless other co-sharers in the land wish the partition to continue...........
Punjab Land Revenue Act, Section 116 -- Entire land recorded as `chahi' and as per record no classification of land on the basis of `good' or `poor' quality-No reason to provide two Kurrahs to each co-sharer-Mode of partition should be reviewed for ignoring possession of parties so that each co-sharer allotted land after partition in one block only - If due to certain..........
