Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for partition - In 1930 an award of the Arbitrator was made rule of the Court and the same was not challenged by any of the branches of the four sons as such decree was passed in terms thereof - Notice also issued to all the parties in writing by the Court informing them of the award being made rule of the..........
Transfer of Property Act, 1882, Section 44 -- Family dwelling house - Transfer by co-sharer to a stranger - Buyer cannot have right to joint possession - His right will be restricted right for enforcement of partition - Applicability of S.44 cannot be denied on ground that all parties were Muslims and that there is no concept of undivided family among Muslims. (Partition..........
Civil Procedure Code, 1908, Order 21, Rule 32(2) -- Injunction decree -Subsequently a preliminary decree followed by a final decree was passed in a suit for partition - Parties are governed by the final decree in partition suit as it has become final and any other proceedings in respect to the property involved would stand closed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharer - Plaintiff co-owner/co-sharer in the disputed property - Plaintiff had himself raised construction without the partition of the disputed property - Held, it is not open to him to seek equitable relief of injunction from the Court...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit for partition - Preliminary decree passed - Amendment of plaint to correct the plot numbers - Held, amendment to be allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-owner - Restraining co-owner from raising construction and sell plots prior to partition by metes and bounds - Out of 4583 acres of undivided property plaintiff owns 230 acres and defendant 430 acres - No steps taken for partition - Filing of suit after an unreasonable delay is with an oblique motive - Huge amount spent..........
Hindu Law -- Partition - Specific properties purchased before institution of suit for partition - Though the appellants have no right to equities, yet the respective share to which their principal alienor was entitled would be allottable to them as a special case - As the preliminary decree specifically provided that the good and bad qualities of the land to be taken into..........
Mohammadan Law/Mohammedan Law -- Partition of property - Agricultural lands which were `Inams' assigned in name of eldest son of Inamdar after his death by Ruler of Kohlapur - Thereafter `Inams' abolished - Assignee becomes `Watandar' and hence impartibility of estate vanished - Partition therefore be allowed in accord-ance with law of Shariat...........
Registration Act, 1908, Section 17 -- Document showing division of property and adjustment of shares - Amounts to a deed of partition and not earlier partition - Requires compulsory registration...........
Hindu Law -- Partition - Ingredients- Definite intention to sever joint family status, carving out shares and physical division thereof and handing over or taking away of shares - Totality of facts are to be considered whether partition has taken place - Partition not to be confused with family arrangement whereby for a variety of reasons some sort of loose divisions may..........
