Civil Procedure Code, 1908, Section 54 -- Partition - Equal distribution - One of the stipulations of proposed partition was maintaining possession of the shareholders - Appeal thereagainst dismissed by Collector - Revision against order of Collector allowed by Commissioner by holding that changes can be made in the mode of partition and the possession of the parties can..........
Hindu Minority and Guardianship Act, 1956, Section 8, Limitation Act, 1963, Article 58, 65 -- Sale of minor's property by guardian - Property in possession of minor - Property included in the suit for partition filed by plaintiff on the basis of sale deed - It was only then that execution of alleged sale deed was disclosed to the minor - Minor had no cause of action to..........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Moulding of relief - Preliminary decree - Plaintiff asserted that she had been in possession and enjoyment right from the year 1947 (year of oral sale) and, therefore, she prescribed title - Respondent also claiming right over same property right from the year 1959 - Plaintiff failed to established her case with regard to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Held, filing of an application for temporary injunction by one of the defendants, in a suit for partition is a rarity, though not prohibited - In a given case, one of the defendants can convince Court and seek injunction against plaintiffs, or other co-defendants to protect his..........
Consent decree -- Decree for possession - (1) Decree in regard to possession and no right of ownership transferred; (2) No evidence that defendant actually appeared at the time of suffering the decree; (3) No evidence produced that any summons were issued in that suit; (4) No evidence led that partition was effected between grandsons and grandfather on the basis of which..........
Co-sharers -- Can seek joint symbolic possession subject to his right to get actual possession of his share by seeking partition...........
Hindu Law -- Joint family property - Partition suit - Maintainability - In partition suit, plaintiff failed to prove unity of title and possession - Registered sale deeds by other co-sharer in respect of suit properties executed long time before have not been challenged in spite of knowledge of such sale deeds - Held, simple partition suit not maintainable - Unless such..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Hindu Law - Joint family property - Partition deed - Appellants have successfully rebutted the presumption of continuance of joint family and they have proved that suit property was partitioned long time back by metes and bounds - Each of the three holdings has its own area and contours - It is not just a case of mere..........
Co-sharers -- A co-sharer can transfer his undivided share but no possession can be handed over to the vendee unless the property is partitioned by metes and bounds amicably or through mutual settlement or by a decree of the Court - Vendee from co-owner shall be entitled for possession through partition only - In case of transfer of possession in favour of vendee then the..........
Evidence Act, 1872, Section 115, Civil Procedure Code, 1908, Order 23, Rule 1 -- Suit for partition - Material on record indicated place in which possession of disputed land was declared in favour of defendant No.1 by Magistrate - Sessions Judge reversed order of Magistrate and order was further challenged by way of revision in High Court - A compromise was effected in..........
