Co-owner -- Suit for eviction - Concept of co-ownership - In absence of any partition, would militate against maintainability of suit for eviction against a tenant, where tenant is admittedly in possession of property which is owned by co-owner who objects to the eviction...........
Partition -- Partial partition - Plaint in a suit for partition must embrace only such property in which plaintiff has community of interest and unity of possession - Where a purchaser acquires an interest in the coparcenary property, transfer really effects a severance of joint status in respect of the property transferred and he becomes a tenant-i, common in respect of..........
Partition -- Partial partition - Rule against partial partition is only one of equity and convenience - It is better to limit rule in its application to properties over which parties have community of interest and unity of possession - If partial partition can be had without inconvenience to the other sharers and if it will not stand in the way of equities being adjusted,..........
Co-sharers -- Sale of specific portion of land - No co-sharer recorded to be in possession of any specific portion of joint land - Partition between co-sharers not taken place - Sale of even specific portion of land would amount to sale of only a share in the joint land - As vendors were not in exclusive possession of any portion of the joint land, they could not deliver..........
Co-owner -- If co-owners are in possession of separate parcels of land after an arrangement consented to by all the owners, it is not open for any one to disturb said arrangement except by way of filing suit for partition...........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Valuation of suit - Suit for declaration, partition and separate possession - Suit was not properly valued - Plaintiff was directed to correct the valuation of suit - After correction of valuation of suit claim, Civil Judge Junior Division ceased to have pecuniary jurisdiction to entertain the suit -..........
Adverse possession -- Plea of title under oral partition and adverse possession - Not permissible as both the pleas are inconsistent and contrary...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Property in question jointly inherited by plaintiff and defendants Nos.1 to 15 and 17 to 21 from their paternal uncle - Status of plaintiff and said defendants was as co-owners of suit property as Class-II legal heirs - Defendant No.1 failed to prove that he is exclusive owner of suit property on..........
Court Fees Act, 1870, Article 17(vi) -- Court fees - Partition suit - Where a joint possession is pleaded by plaintiff in the partition suit on the basis that he/she is a co-owner in law, then Court fee payable u/art 17(vi) of Sch.II of Act is on the presumption of joint possession of plaintiff even if he/she is not in actual possession...........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fees - Partition suit - Plaintiff continues to be joint owner of suit properties - There is no averment in plaint to suggest ouster or exclusion - Since plaintiff is in constructive possession of suit properties, therefore, she is not entitled to pay ad valorem Court fee...........
