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...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharer - Alienation - A co-sharer in exclusive possession of part of the joint property is entitled to deliver possession thereof to his alienee but the alienation, even of the specific portion, would be deemed to be alienation of share of joint property and would be subject to partition of the..........
Court Fees Act, 1870, Article 17(vi) -- Partition suit - Joint possession - Payment of Court fee - Sufficient averment in plaint regarding plaintiff's joint possession - Held, Court fee ought to have been only on fixed basis in manner contemplated u/Art.17(vi) of Court Fee Act...........
Transfer of Property Act, 1882, Section 52 -- Warrants of possession - Objections - Suit for partition, declaration and permanent injunction decreed - Execution proceedings - Objection of JD that a registered power of attorney has been executed in his favour authorizing him to manage and take care of suit premises and thus he is not liable to hand over possession - Said..........
Transfer of Property Act, 1882, Section 111, Civil Procedure Code, 1908, Order 20, Rule 19, Civil Procedure Code, 1908, Order 21, Rule 99 - - Partition suit - Final decree - Execution proceedings - Right of re-entry against tenant - Held, once execution court comes to the conclusion that claimants are indeed lessees it may not be correct or legal for Court to proceed..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Under-valuation of partition suit - Determination of - No specific averment in plaint to the effect that plaintiffs have been excluded from possession of property in question - It is specifically pleaded that plaintiffs and defendant are co-owners of suit properties - It is further stated that "the..........
Hindu Law -- Seeking separate possession in Joint Hindu Family Property - Held, even though, coparcener would have interest in coparcenary property by birth but he would not be entitled to separate possession of same unless partition takes place...........
Transfer of Property Act, 1882, Section 54 -- Sale and Release - Stamp Act, 1899, Art. 47-A - Distinction - Sale is transfer of title in immovable property to another for consideration - Release is transfer of rights in immovable property to an existing co-owner(s) which can be with or without consideration - Transferee under a sale is an altogether stranger, whereas in..........
