Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party at appellate stage - Partition suit - Petitioners seeking their impleadment stating that boundaries of suit property are wrongly mentioned in the suit - However, no boundaries were disclosed in the sale deed in question - Moreover, it is difficult to believe that these revisionists did not have..........
Family Courts Act, 1984 -- Suit property already divided between ancestors of parties - This fact is not denied by defendant - There was thus, no question that father of plaintiff being co-owner of property when the sale deed in question was executed in favour of father of defendants after partition of property - Mere recital in the sale deed as to execution of sale deed..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Partition suit - Gift deed executed in favour of defendants is a registered document and was executed by deceased in respect of his self acquired property - Two attesting witnesses proved the gift deed - Findings of lower Appellate Court reversing the decree passed by trial Court on the ground that gift deed was..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad voleram Court fee - Suit for declaration of partition deed to be null and void - Partition deed in question is registered document and plaintiff is party to the said deed - Plaintiff held, required to pay and affix ad voleram Court fee u/s 7(iv)(c) of Act...........
Partition suit -- Joint Hindu Family property - Defendants contended that partition of suit property was already affected and defendant No.3 has a share on the basis of adoption by plaintiff No.1 - However, said adoption deed is void - Even said partition as alleged by defendants is also not proved on record - On the contrary plaintiff proved on record their share in suit..........
Partition -- Compromise during pendency of appeal - Deed of compromise duly signed by parties has been filed by way of an additional affidavit - Appeal disposed of in terms of deed of compromise - Deed of compromise will form part of decree...........
Evidence Act, 1872, Section 118 -- Power of attorney holder - Registered sale deed 30 years old - Proof of - Partition suit - PW1 attorney holder, deposed on the basis of registered sale deed, which shows that property purchase in the joint names of plaintiff and his brother - He has not deposed anything hearsay or personal - No evidence is adduced by defendant - Case of..........
Partition -- Suit for cancellation of sale deed - Jurisdiction - Since disputed property is admitted as agricultural land - Declaration of plot or recognition of ownership can be granted only by Revenue Court and not by Civil Court - Further, cancellation of sale deed is an ancillary relief to declaration of ownership - Hence, Civil Court has no jurisdiction...........
Partition -- Second appeal - Suit decreed by revenue court and declared plaintiff as exclusive owner of disputed agricultural property - Sale deed executed by defendant thereafter would automatically become ineffective as no one can pass better title than he himself possesses...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for possession of entire property based on settlement deed - Whereas, subsequent suit for partition for plaintiff's one-half share in property based on her birth right - Cause of action in both the suit is entirely different - Dismissal of earlier suit would not, in any way, be a bar for making a claim..........
