Kerala Court Fees and Suits Valuation Act, 1960, Section 37(2) -- Suit for partition - Court fees - Specific averment in plaint was that plaintiff was in joint possession of suit property with other co-shares - Ouster or exclusion from possession not shown - Plaintiff not liable to pay ad valorem court fee under S.37(1) - Payment of fix Court fees under S.37(2), proper...........
Limitation Act, 1963, Article 65 --- Partition suit - Art.65 comes into play only when suit for possession of immovable property based on title is filed - Same is not applicable when suit for partition on previous joint possession is filed...........
Hindu Law, Hindu Law -- Ancestral property - Sale - Right of purchaser - Plaintiffs had merely brought a suit for declaration that particular sale was not valid and they were trying to secure recovery of whole of property alienated by karta - Held, sale cannot become void so as to defeat purchaser's right to vendor's share in property - Law permits an exercise by a member..........
Transfer of Property Act, 1882, Section 60 -- Redemption by co-mortgagor - Co-mortgagor in possession of excess share redeemed by him - Not a mortgagee - After redemption, the mortgage comes to an end - He can only claim that he is entitled to be in possession of the property, till his share of the mortgage money is paid - A claim for partition cannot be defeated on that..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Permissibility - Plaintiff sought inclusion of properties of her father-i, law by way of amendment of pleadings in partition suit - Husband of plaintiff was not added as party defendant to partition suit - Held, such amendment not permissible - It was open for plaintiff to file a separate suit for..........
Tamil Naidu Court Fees and Suits Valuation Act, 1955, Section 37(2) -- Partition suit - Valuation thereof - Plaintiff has admitted that suit property is in possession of defendant - However, claims that possession of plaintiff shall be deemed to be possession of defendant also as they are co-owners - Held, plaintiff being a co-owner is entitled to value relief for..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 144 -- Simple suit for partition - Witnesses have stated that plaintiff was in possession - There is neither any pleading of ouster nor there is any evidence in support of the ouster - Held, right to sue for partition is recurring right - No limitation is applicable nor cause of action will cease..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition and separate possession filed by plaintiff to the extent of 1/4 share under Mohd. Law - Suit decreed - Appeal allowed by appellate court - High Court allowed second appeal without formulating substantial questions of law - Held, jurisdiction of High Court u/s 100 of CPC is not akin to appellate..........
Hindu law -- Joint family property - Partition - Family arrangement - Proof - Possession of some portion of property by different parties was merely an arrangement of convenience by way of oral agreement - Held, parties may decide to live in such portions which are not worthy of partition by metes and bounds - But such arrangement/agreement is nothing more than an..........
Delhi Rent Control Act, 1958, Section 3,50 -- Two co-owners - Tenant purchasing share of one co-owner - Tenant cannot raise the plea of determination of tenancy on the ground of merger of his rights in that of share of the undivided estate of landlord, unless that merger is in respect of complete title or interest - It is not open to tenant to challenge maintainability of..........
