Transfer of Property Act, 1882, Section 123 -- Gift deed - Partition suit - Gift deed executed in favour of defendants is a registered document and was executed by deceased in respect of his self acquired property - Two attesting witnesses proved the gift deed - Findings of lower Appellate Court reversing the decree passed by trial Court on the ground that gift deed was..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Documentary evidence on record proved that suit land was in exclusive possession of predecessor-i, interest of plaintiffs after partition in 1919 and it was allotted to plaintiff after his death - Plaintiffs are owner in possession of suit land and entry in favour of..........
Transfer of Property Act, 1882, Section 58, 60 -- Redemption of mortgage - Once plaintiffs had stepped into shoes of mortgagors and property had already been redeemed, no question of filing a suit for redemption arises at their instance - After redemption, all three mortgagors become co-owners and in case, they do not seek partition, remedy available is to acknowledge the..........
Partition -- Joint family property - Suit property admittedly purchased in the name of plaintiff's mother - However, plaintiff failed to prove that said property is jointly purchased by plaintiff and his brother - Admittedly all the records pertaining to suit property were in the name of brother of plaintiff and after his death these were mutated in the name of defendants..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-sharers - Undivided property - Without partition no party can claim exclusive right on any particular portion of it - Since plaintiff and defendant have been held in joint possession of disputed undivided property, therefore without partition no party can claim exclusive right on any particular portion of it -..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for possession of entire property based on settlement deed - Whereas, subsequent suit for partition for plaintiff's one-half share in property based on her birth right - Cause of action in both the suit is entirely different - Dismissal of earlier suit would not, in any way, be a bar for making a claim..........
Partition suit -- Defence of ouster - Ouster is a weak defence in a suit for partition of family property - It is strong if defendant is able to establish consistent and open assertion of denial of title, long and uninterrupted possession and exercise of right of exclusive ownership openly and to the knowledge of other co-owner...........
Partition suit -- Plea that plaintiff was dispossessed from property in the year 1957 - Since then defendant has been in exclusive possession and enjoyment of suit property paying property tax etc., with patta in his name - Held, with a view to putting an end to five decades old disputes between a sister and a brother, a reasonable settlement has been suggested -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Partition suit - Every co-sharer is deemed to be in possession of every inch of joint land - Plaintiff, being a co-sharer is in possession of suit property, thus not required to affix ad-valorem Court fees according to value of suit property - No defect in valuation of suit -..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading of a party - Suit for partition and separate possession - Transferee pendente lite - Necessary party - Allowed to be impleaded as a party...........
