Specific Relief Act, 1963, Section 38 -- Suit for injunction from interfering in possession of plaintiff over suit property - Subject matter of suit is only possession of plaintiff over suit property, which is duly proved and rather admitted - Plaintiff is not required to prove that suit property fell to his share in family partition - Decretal of suit calls for no..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Original suit is for permanent injunction - Plea for introducing suit for separate possession by way of partition by metes and bounds would be totally separate cause of action and that would change nature of suit - Petition dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to raise plea of separate possession - Such plea for separate possession by way of partition by metes and bounds is totally a separate cause of action which will change nature of suit - Application rightly dismissed...........
Benami Transactions (Prohibition) Act, 1988, Section 4(1) -- Benami transaction - Suit for partition, possession and mesne profits - Maintainability of suit - Plaintiff admittedly claimed 1/3rd share of suit property purchased in the name of defendant - Registered sale deed is in the name of defendant - Suit filed in 1990 after coming into force of Benami Act - It is not..........
Partition -- In the absence of plea of adverse possession by any of the parties, suit cannot be dismissed as barred by limitation...........
Specific Relief Act, 1963, Section 37 -- Injunction - Co-sharer in exclusive possession - Defendant rightly injunction from interfering and forcibly dispossessing - However, plaintiff restrained from changing nature of land or alienation of land - Defendant has right to seek partition of property...........
Rent and Eviction -- Single or different tenancies - Tenant in possession of entire portion of suit premises and there being one entry to the suit premises which comprises a hall with inner partition, the balance tilts in favour of landlord regarding tenancy being one...........
Partition -- Parties residing separately since more than 70 years, mess is separate, residence is separate, properties are acquired separately - Even, parties are recorded separately in revenue records of rights - Moreover, presumption of jointness in favour of plaintiff is very weak as he is 4th generation from the founder, who himself admitted separation between the five..........
Partition suit -- Once share is defined in preliminary decree to work out in final decree pursuant to preliminary decree after share is allotted and engrossed on no, judicial stamps, possession can be recovered as part of final decree proceedings, question of passing preliminary decree for possession does not arise...........
Partition -- Joint family property - Possession and cultivation of item No.3 was by family, however, patta was granted in the name of defendant for the benefit of entire family - Since, there was no division of status among defendants and plaintiffs, thus, they all are entitled to equal shares in item No.3 to the extent of 1.5th share each...........
