Civil Procedure Code, 1908, Section 11 -- Res judicata - Partition suit - Partition being a recurring cause of action would not be hit by doctrine of res judicata - There cannot be any bar to the number of suits which may go on between members of a Joint Hindu Family qua joint property and even between co-owners with regard to joint property...........
Partition suit -- Joint property - Correctness of shares of parties to suit as recorded in jamabandi of suit property not challenged by defendants - Parties thus, entitled to their respective shares in suit property as per entries in Jamabandi...........
Court Fees Act, 1870, Section 7(i) -- Ad valorem Court fee - Plaintiff under the garb of suit for declaration with mandatory injunction, is seeking recovery of specified amount of Rs.15 lakhs as damages - It is thus, a suit for money - Ad valorem Court fee as per S.7(i) of the Act is payable according to amount claimed by plaintiff...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-owners - Plaintiff failed to establish that he was in exclusive possession of suit property - There is no finding that any act of defendant was detrimental to interests of other co-owners in joint land - Relief of permanent injunction rightly denied...........
Co-owner -- Seeking possession beyond his share - Any one owner out of the co-owners can seek possession of the entire joint land - Such co-owner would do so on his own behalf, in his own right and as an agent of other co-owners - Consent of other co-owners would be assumed to have been taken unless it is shown to the contrary that co-owners were not agreeable and despite..........
Ownership -- Proof - Merely because defendant paid electricity bills and water charges while staying in a portion of house in question would not make him an owner of suit property...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Suit property was allotted to plaintiff and defendant was appointed as nominee - Mere fact that defendant is reflected as nominee in the records of Housing Board qua the house in question, would not entitle him to retain possession of a portion of the house - Suit rightly decreed in favour of plaintiff...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Purpose and object of O.15.R.5 CPC is to ensure that after determination of lease, while tenant is occupying the suit property during pendency of eviction proceedings, landlord must not be deprived of rent qua said period as it would cause undue loss to him...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Rate of rent between parties is Rs.2 lakhs per month which is not specifically denied by tenant - Nothing on record to prima facie substantiate the submission made by tenant that he paid the rent regularly - Even if Rs.15 lakhs paid by tenant to landlord as security as alleged by..........
Specific Relief Act, 1963, Section 6 -- Dispossession - Limitation to file suit for recovery of possession u/s 6 of the Act is six months - Suit filed much beyond the prescribed period of six months - Suit rightly dismissed...........
