Specific Relief Act, 1963, Section 37, 38 -- Injunction - Plaintiff claiming to be in exclusive possession - Defendant claiming that status of parties was joint - In partition proceedings possession was delivered to the parties on the spot and mutation was also sanctioned - Defendant did not challenge delivery of possession - From copy of Jamabandi for the year 1995-96 it..........
Co-owner -- Sale - Co-owners in exclusive possession of specific portion of joint property - Sale by co-sharers is valid since they were in exclusive possession of the same - However, sale is subject to determination of their share at the time of partition...........
Co-sharer -- A co-sharer not in possession - Remedy is to seek partition - However, a co-sharer out of possession can seek relief of permanent injunction, if by the act of another co-sharer in possession, the value or utility of the property is diminished or such acts of the co-owner in possession are detrimental to the interest of other co-owners out of possession - Mere..........
Hindu Law -- Ancestral property - Alienation by father - Suit for cancellation of sale deed and for possession - Court cancelled sale deed with regard to half share and decree for possession granted in favour of plaintiffs - Defendants subsequently purchased the land in question from other co-sharer - Only manner in which an outsider can get possession is to sue for..........
Specific Relief Act, 1963, Section 37, 38 -- Co-sharer - Sale of specific khasra numbers by co-sharer - Injunction - Cannot be claimed against co-sharer - Co-sharer in exclusive possession of land can sell that very portion subject to partition of joint land and he can also oust other co-shares till such time the land is partitioned by metes and bounds...........
Record of rights -- Entering name - Applicant has to be a holder, occupant, owner, mortgagee or tenant - Such a right is also available to a person acquiring interest in the property by succession, survivorship, inheritance, partition, purchase mortgage, gift, lease or otherwise - Merely a holder or occupant does not meet the requirements of law for exercising such a..........
Punjab Land Revenue Act, 1887, Section 118 -- Partition - Service is required to be affected on all respondents - Opportunity to file reply should be given - Once court concludes partition proceedings should continue then naksha alf (K) is called in from Assistant collector depicting shares of parties, actual possession, excess or less land is indicated - Statements of..........
Court Fees Act, 1870, Section 7(iv)(b), Article 17(6) - - Court fees - Partition suit by one of the co-owners - For the purpose of assessment of court fee, pleadings in the suit have to be seen - Possession of joint property by one co-owner, is in the eyes of law, possession of all even if but one are in actual physical possession - Every co-sharer is deemed to be in..........
Hindu law -- Joint family property - Partition - Two brothers of joint family carrying on business jointly by contributing labour - Presumption arises that properties acquired by contributing jointly from said business are joint family properties - No evidence to rebut the said presumption - Both brothers, held, entitled to half share in suit properties - Preliminary..........
Transfer of Property Act, 1882, Section 123, 52 -- Gift deed - Execution during pendency of partition suit - Gift deed executed during pendency of proceedings and before expiry of period of limitation for filing SLP, is not valid as it is hit by S.52 of T.P.Act - Moreover, suit property is joint family property and even otherwise same cannot be acted upon by parties as..........
