Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101, 103 -- Execution - Objections - Compromise decree in a suit for specific performance - Objection regarding suit property is joint family property - However, objector already filed a suit for partition against JD and DH is also a party in said suit - Therefore, right, title and interest if any of objector..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contradictory statements made in plaint collapses substratum of plaintiff's case - To reiterate once plaintiff acknowledges that suit schedule property is self acquired property of respondent No.1 and respondent No.1 had absolute ownership of property, plaintiff cannot subsequently plead that very same..........
Evidence Act, 1872, Section 17, 58 -- Proviso - Oral admission - Joint property - Oral admission as to possession of plaintiff over suit property is not sufficient evidence to infer partition of suit property - Proof of partition is necessary as per S.58 Proviso of Evidence Act - Said admission is not sufficient evidence of partition...........
Co-owners -- Co-owner - cannot be dispossessed by other co-owner on the basis of sale deed, unless the suit for partition is filed and share is carved out and separate possession is taken...........
Transfer of Property Act, 1882, Section 44 -- Sale - Co-owners - After purchasing the property of co-owners, purchaser has to file suit for general partition as per S.44 of the Act - Such suit is not filed by plaintiff for partition and therefore, question of encroachment on the part of defendants in the suit property does not arise - Order of first appellate Court..........
Muslim Law -- Partition suit - Husband and wife have entered into a contract to put an end to marriage and accordingly marriage came to be dissolved - Husband as a part of bargain undertaken to give 1/4th share in subject property to wife - This cannot be run counter to Islamic law which mandates that women should be treated with love and affection - Wife held, rightly..........
Family partition -- Would be effected only when parties have a right in the property...........
Co-sharers -- Co-sharer has every right to raise construction on the portion of joint land which is in his exclusive possession which will be subject to adjustment at the time of partition...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Where separate possession of defendant/co-sharer on a parcel of joint land is established, he has right to enjoy separate possession until same is disturbed by partition - He has every right to alienate his share out of joint land - No injunction can be passed against defendant for restraining him..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Partition suit - Property in question is the absolute property of one `G' and she died intestate and thereafter her legal heirs got divided the property - Said property becomes the separate property and during the lifetime of father of plaintiffs, plaintiffs cannot seek relief of..........
