Delhi Rent Control Act, 1958, Section 3,50 -- Two co-owners - Tenant purchasing share of one co-owner - Tenant cannot raise the plea of determination of tenancy on the ground of merger of his rights in that of share of the undivided estate of landlord, unless that merger is in respect of complete title or interest - It is not open to tenant to challenge maintainability of..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Severance of joint family status - Held, as soon as plaint (Partition suit) was presented by "R", there will be presumption that coparcenary status of the family ceased - Therefore, in the present case, coparcenary status of the family ceased in the year 1989 itself when plaint was presented - Gift deeds were..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent finding of fact - Not to be interfered - Both Courts below have recorded concurrent finding of fact that deed in question was a partition deed and it was duly registered - Held, it will not be possible for High Court to substitute its own view to the view taken by lower Courts and set aside concurrent..........
Hindu Succession Act, 1956, Section 23 -- Partition suit - Right of married daughter - Dwelling house - Held, in view of S.23 of the Hindu Succession Act, only unmarried daughters could claim a right of residence in the dwelling house...........
Hindu law -- Coparcenary property - Settlement made without consent of other co-parceners - Partition suit - Absence of prayer for setting aside of settlement deed - Held, one co-parcener cannot create a settlement deed with regard to the share of other co-parceners without the consent of the co-parceners - If a settlement is made without the consent of other..........
Civil Procedure Code, 1908, Section 54 -- Partition - Equal distribution - One of the stipulations of proposed partition was maintaining possession of the shareholders - Appeal thereagainst dismissed by Collector - Revision against order of Collector allowed by Commissioner by holding that changes can be made in the mode of partition and the possession of the parties can..........
Civil Procedure Code, 1908, Section 9, Punjab Land Revenue Act, 1887, Section 117 -- Partition - Question of title - Determination of - Plaintiffs raised question of title in partition application before Revenue Court - Revenue Court proceeded to partition land without determining question of title or without getting the question of title determined from competent Court -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings - Oral partition - Through oral family settlement amongst defendant and his two brothers of north portion of disputed house fell in the share of "S", who sold the same to plaintiffs - Court below have recorded a finding that once the portion fell in the share of "S" that was purchased by..........
Suit for partition -- Only those properties to which family has clear title has to be included - When property of somebody else is included and same is contested by third party, on being impleaded as a party, then onus is on plaintiff to prove that disputed property belongs to the joint family excluding someone who claims that some portion of it does not belong to the..........
Hindu Minority and Guardianship Act, 1956, Section 8, Limitation Act, 1963, Article 58, 65 -- Sale of minor's property by guardian - Property in possession of minor - Property included in the suit for partition filed by plaintiff on the basis of sale deed - It was only then that execution of alleged sale deed was disclosed to the minor - Minor had no cause of action to..........
