Specific Relief Act, 1963, Section 34 -- Suit for declaration - Dismissal of suit - Plea of defendant that even if plaintiffs are left with any share in suit land, they can file application for partition and seek determination of their share in those proceedings - Plea held, misconceived as if claim of plaintiffs that they are owners of suit land or a part is rejected by..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Agricultural land - Plaintiff claims to be owner of suit property on the basis of oral partition which took place between ancestors of parties - Defendants admitted said oral partition in family and its implementation - However, defendants failed to prove their ownership over suit..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from entering upon suit land and thereby creating any disturbance - Defendant purchased portion of joint family property from co-sharer/son of plaintiff, without consent of others, who acquired the same by partition - However, property stands in the name of father of plaintiff in record..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Title to agricultural land can only be determined by Revenue Court - Civil Court has no jurisdiction to determine the title of agricultural land - Even a suit for partition of agricultural land lies before revenue Court...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition and permanent injunction - Plaintiff failed to prove his title to disputed land - Said finding of fact is arrived at after due appreciation of evidence on record and same cannot be upset while exercising jurisdiction u/s 100 CPC - Suit rightly dismissed...........
Hindu Law -- Suit for partition - Agriculture land already in possession of plaintiff as Khatedar at the time of institution of suit - No claim of defendants as to division of khatedari rights or mutation - Suit instituted for partition of haveli only - After accruing Khatedari rights, agricultural land would become self acquired property of plaintiff - Cannot be made part..........
Co-owner -- If co-owners are in possession of separate parcels of land after an arrangement consented to by all the owners, it is not open for any one to disturb said arrangement except by way of filing suit for partition...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Prior partition of suit land by metes and bounds alleged by defendant - Burden is on defendant to prove prior partition - Defendant rightly directed to begin first...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Documentary evidence on record proved that suit land was in exclusive possession of predecessor-i, interest of plaintiffs after partition in 1919 and it was allotted to plaintiff after his death - Plaintiffs are owner in possession of suit land and entry in favour of..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Partition suit - Agricultural land - Civil Court has no jurisdiction to decide the real dispute between parties regrading agricultural land, as Revenue Court has to decide and declare the ownership of such property - Moreover, suit is barred by S.331 of U.P.Z.A. and L.R. Act - Suit rightly dismissed...........
