Partition suit -- Ancestral properties or self acquired properties - Suit properties not purchased in the name of wife/defendant by husband from funds received by selling of ancestral properties - Plaintiffs even failed to discharge the onus to prove that sale deeds executed in favour of defendant were benami transactions - Suit properties except item nos.1 and 3 (which..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Decree alleged to be illegal, null and void - Concurrent finding of three courts that decree was collusive - Despite such collusive decree, suit property continued to be in the name of original owner - Plaintiff Nos. 2 to 9 who purchased property from plaintiff No.1 are bona fide purchasers - Possession of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that exchange of gifted property was illegal, null and void - Property in question donated to School vide gift deed for the benefit of students of school - Oral exchange of valuable property with u, irrigated inferior quality of banjar land situated in remote corner of village, was wholly collusive and illegal..........
Limitation Act, 1963, Section 29(2) -- Applicability of S.29(2) of the Act is with regard to different limitations prescribed for any suit, appeal or application to be filed only in a Court, not before statutory authorities and tribunals provided in a special or local law...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership on the basis of sale deed - It is always open for the defendant, who is stranger to the Sale Deed, to raise a plea that either the Sale Deed is not binding to him or the same was without consideration or it was a nominal Sale Deed or void or fictitious, for that matter, collusive and not intended to..........
Joint Family Property -- Blending of self acquired property into joint family properties - Merely because three joint family members might have taken some loans while residing together, by that itself cannot be said that there was a blending of suit properties into joint family properties...........
Joint Family Property -- Partition suit - Properties were obtained by father of plaintiff not from his direct male ancestors but from his mother's sister's husband - Suit properties were self acquired properties of father of parties pursuant to settlement deed - High Court thus, committed error in holding that there was blending of suit properties with joint family..........
Civil Procedure Code, 1908, Section 80 -- Notice u/s 80 CPC - Cause of action sufficiently set out in notice - It was also made clear that though a Writ Appeal at that point of time was going to be filed against the Writ Petition dismissal, yet this would be a notice to take "appropriate legal action" - More than two months elapsed from the date of issuance of notice,..........
Adverse possession -- Both the parties to suit did not know as to how much land was in exclusive possession of plaintiff and how much land was in possession of defendants - It was only when plaintiff got suit land measured through revenue department, he came to know that some portion which had fallen to his share was in possession of defendants - Question of perfecting..........
Adverse possession -- Plaintiff undisputedly was the owner of encroached land, which was alleged to be in possession of defendants - Defendants thus, admitted the ownership of plaintiff over entire land including suit land by setting up plea of adverse possession over it - Courts below thus, not justified in holding that defendants have perfected their title over suit..........
