Civil Procedure Code, 1908, Section 151, Order 1, Rule 10, Family Courts Act, 1984, Section 7 - - Impleadment of a party - Petition filed by wife against husband in Family Court for partition and separate possession - Daughter seeking impleadment by claiming that gift deed has been executed in her favour by her mother - Held, since dispute is between husband and wife as..........
Civil Procedure Code, 1908, Section 47 -- Execution - Inexecutability - Judgment debtor purchased property from one of the decree holders - Judgment debtor is bound to surrender possession of property in respect of which decree has been passed and it would be left to him to work out his remedy for partition - Judgment debtor cannot compel decree holder to avail remedy of..........
Punjab Land Revenue Act, 1887, Section 111 -- Partition - Land was partitioned way back in the year 1996 - Exchange deed indicates that allotment of land is going to be made to appellants and respondent No.4 as per their possession which is shown in Aks Shajra - Parties are in settled possession of their respective blocks of land - Mode of partition has been effected..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Suit for partition - Plaintiff not in actual or construction possession - Court fee payable is ad valorem on market value of share of plaintiff in suit property and not on market value of entire suit property - Plaintiff cannot be directed to approach revenue authorities to determine the market value of suit property as..........
Punjab Land Revenue Act, 1887, Section 111 -- Partition - Quality of land - Held, merely because objectors were in possession of land adjoining road, they cannot be given entire land on road, because as per mode of partition, partition was to be effected while taking into account quality of land...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Construction raised by plaintiff or his predecessor existing in the suit property - Depicts plaintiff in prima facie long established possession - Plaintiff cannot be dispossessed therefrom in execution of partition decree - However, in execution thereof he may take symbolic possession if the same..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Restraining defendants from interfering in the possession of plaintiff - Without a suit for partition, injunction cannot be granted against a co-owner...........
Hindu Law -- Oral partition - Proof - Held, while existence of a joint family and possession of joint properties by family must be proved as facts preceding partition, factors such as mutation of entries in revenue records and independent exercise of rights of ownership by co-parceners on respective share must be proved as an event subsequent to partition - It is only..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Partition suit - Irreparable loss - Determination of - Held, a person, who remained in possession of the house in dispute for a period of more than 20 years and the settlement between the parties was reduced into writing and subsequently, after passing of such a long period, the suit is filed, then..........
Co-sharers -- Separate possession of co-sharers - Does not mean that there was partition amongst the co-sharers - It may depict mutual arrangement for proper user of the land till partition is effected - Such arrangement for user of the joint land does not amount to partition thereof in absence of some document of partition or recording of same in the revenue record...........
