Partition suit -- Joint Family property - Alienation of suit property by defendant No.1 - Right of defendant No.1 to alienate suit property is negated and invalidated by two Courts below - Suit property is joint family property of father of both plaintiffs and defendant Nos 1, 2, 4 - Father of parties thus, has no right to bequeath suit property to defendant No.1, nor has..........
Hindu Succession Act, 1956, Section 15(1)(A) -- Property of female Hindu dying intestate - Succession - Husband of deceased is the only person who can be included in Class I of Scheduled to the Act, thus, entitled to her property - Turn of mother of deceased as legal heir can arise only in absence of class I heirs - Legal heirship certificate to the extent it includes..........
Indian Penal Code, 1860, Section 304I, Arms Act, 1959, Section 25, 27 -- Offence u/s 304-I IPC and Ss.25, 27 of Arms Act - Accused opened fire with license gun of his father to deceased under misconception that deceased was miscreant, who intruded in his house at 1.30 AM in dark hours of night and hidden himself in the attari of house - Reasonable apprehension occurred in..........
Agreement to sell -- Specific performance - Suit property absolutely settled in favour of defendant by his father - Defendant agreed to sell property in favour of plaintiff - Due execution of sale agreement proved by PW2 and being a registered document, presumption in favour of plaintiff has to be drawn - Right of minor son of defendant to resist execution of sale..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party in proceedings pending U.O.9.R.13 CPC - Sale of property after passing of decree - Buyer filing application for impleadment as a party on the ground that he has stepped into the shoes of Decree holder and that decree holder may not contest the dispute as..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 3(j), 21(1)(a) -- Eviction petition - Release application - Maintainability - Status of petitioner as tenant is not in dispute therefore, if other co-owner/co-landlord have not come forward to challenge the release in favour of one, who, admittedly, has also inherited the..........
Mutation -- Mutation orders passed only to determine liability to pay revenue to Government - Same do not create any right, title and interest on the property in question...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent and mandatory injunction in representative capacity for causing public nuisance - Applicant is son of plaintiff no.2 - He is sharing common interest and title with his father in suit property - Applicant is thus, necessary and proper party to suit - Applicant rightly impleaded as..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of eviction petition - Landlord unambiguously averred that after sale of property in his favour he has become landlord/owner and there exists relationship of landlord and tenant between parties - Grounds on which tenant is seeking rejection of eviction petition is a matter of evidence and not germane for deciding..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22(2) -- Property of senior citizen - Eviction of son and daughter-in-law - Property in question is self acquired property of senior citizen - Petitioners being son and daughter-in-law are conjointly fighting with senior citizen - Petitioners claiming right to live in suit property, as earning of son..........
