...the conditions stipulated in the Partition Deed. That the plaintiff has a right in the temple/suit properties and if the defendants have violated to perform the duties and rituals, the family members...of the plaintiff have a right to revert back the family Endowment as per law. That the defendants intentionally violating the family Endowment Partition Deed conditions and using the Temple funds and...Appellate Court framed the following points for consideration: "1.Whether trial court has committed error in appreciating the spirit of partition deed dated 03/10/1924- Ex.P.3? 2. Whether trial court is justified in dismissing the suit holding that plaintiff has failed to prove that defendants have violated the conditions of...

...) 1. The present joint application has been filed by the parties stating inter alia that they have arrived at a settlement in terms of the Partition Deed dated 29.7.2015, duly registered with the office of the Sub-Registrar(V) on the same date, whereunder the parties have agreed to identify their shares in the suit property, as detailed in paras 1-4 of the Partition Deed. The remaining terms and conditions of...settlement arrived at between the parties have been set out in paras 5 to 15 of the Partition Deed. 1 2. Counsels for the parties state that all the parties to the present suit are signatories to the Partition Deed and they undertake to remain bound by the terms and conditions thereof...further, they have de-alienated their respective shares in the suit premises, as detailed in the Partition Deed and the different portions of the suit premises falling in the share of the parties have been identified in the site plans enclosed with the Partition Deed, duly signed by all of them, the same is taken on record. 4. The parties shall remain bound by the terms and conditions of...

...) 1. The present joint application has been filed by the parties stating inter alia that they have arrived at a settlement in terms of the Partition Deed dated 29.7.2015, duly registered with the office of the Sub-Registrar(V) on the same date, whereunder the parties have agreed to identify their shares in the suit property, as detailed in paras 1-4 of the Partition Deed. The remaining terms and conditions of...settlement arrived at between the parties have been set out in paras 5 to 15 of the Partition Deed. 1 2. Counsels for the parties state that all the parties to the present suit are signatories to the Partition Deed and they undertake to remain bound by the terms and conditions thereof...further, they have de-alienated their respective shares in the suit premises, as detailed in the Partition Deed and the different portions of the suit premises falling in the share of the parties have been identified in the site plans enclosed with the Partition Deed, duly signed by all of them, the same is taken on record. 4. The parties shall remain bound by the terms and conditions of...

...allotted to the share of the first defendant. The suit land measuring 2 acres 30 guntas was a portion out of 3 acres 30 guntas allotted to the share of the first defendant under the partition deed Ex.P3. As per the conditions stipulated...suit land, has intentionally sold the suit land in favour of the second defendant for a meager sum of Rs.61,000/- ignoring the conditions stipulated under the partition deed Ex.P3. Therefore, he...under the partition deed, according to which, all the parties to the partition deed have got right to share the income derived from leasing the black granite deposited in the suit land in the event...

...out right partition, the conditions restraining alienations were void under Section 10 of the Transfer of Property Act. But the point in issue is whether the deed effected in outright partition...missanthathi kavaru, 70 years old having no descendants. In 1953, the members of the first branch instituted a suit against Darnamma for partition of all the properties comprised in the deed dated September...4, 1900 alleging that the deed effected a division for convenience of enjoyment and maintenance only and was not an absolute or out right partition The defence of Darnamma was that the deed effected...

...partition deed vide Ex.D1 and if they are signatories to the registered partition deed then they are bound by the terms and conditions incorporated in the partition deed. If during the...under registered partition deed with an agreement that the remaining properties will be divided into three parts after the death of Halappa, the defendants cannot retract from the terms and conditions and...the ancestral properties and the said partition was effected under the registered partition deed 31.1.1998. The plaintiff has specifically pleaded that in Survey No.101 totally measuring 9 acres, the...

.... It was argued that if the said partition deed was to be deemed to be valid under Section 21-A, then it must be held that because of the non obstante clause in Section 21-A, the conditions laid down...15-2-1970. Reference was made to Section 3(19) of the Act which defines the words “to hold land”. It was argued that the allotment of the land on 24-9-1970, under the partition deed with her son, even if it be in recognition of the right of maintenance was not sufficient to satisfy the conditions laid...or in any other provision of this Act and in any other law for the time being in force” (emphasis supplied). The contention of the appellants is that if the partition deed is valid in view of Section 21-A, then in view of the above non obstante clause, the respondents cannot insist that the land allotted to the second appellant under the deed on 24-9-1990 shall further conform to the conditions contained...

...of deed of partition, the petitioner intend to deceive the complainant and prepared forged documents with intend to pressurise the Respondent No.2 to comply the said terms and conditions of the...partition deed. In fact, the nature of the dispute is civil. 5. Perused the grounds for appeal. However, none of the grounds indicate that the passing of the order by the...has prepared the forged documents or cheated him. His sole contention was that Respondent No. 2 has not paid his share of the disputed property pursuant to the partition deed; therefore, he has filed...

...their father and their another brother. The said partition took place on 23-12-1974 and it was reduced to writing. It is a registered partition-deed. Share was allotted to each one of the sons of Rajaram as well as to Rajaram. However, no share was allotted to the wives of Rajaram and they had signed the partition-deed giving their consent for not allotting any share to them. One of the conditions of...said partition-deed was that the property that has fallen to the share of Rajaram would go to the two plaintiffs and defendant No. 1. Rajaram died on 27-1-1983. The plaintiffs submit that...the suit. He does not dispute that the partition took place in the year 1974. He also does not dispute that the share was allotted to Rajaram. He further does not dispute that in the said partition-deed...

...rejecting the surety is set aside and the learned Judicial Magistrate No. 1, Udumalpet is directed to accept the surety alongwith copy of the partition deed and return the vehicle to the petitioner, if he has satisfied the other conditions stipulated...appears to have annexed a certified copy of the partition deed dated 23.05.1996 to show that he has been allotted certain extent of property under the said partition deed. The learned Judicial Magistrate...returned the surety on the ground that the partition deed does not specifically state what is the value of the share of the property allotted to the petitioner. Challenging the said order only, this...

...one Ashok Kumar Mukherjee filed the pre-emption suit on the basis of terms and conditions of a partition deed in between him and his co-sharers. The allegation of Sri. Ashok Kumar Mukherjee is that his co-sharers sold out their sharers of allotment to one Arati Das without giving him any notice in terms and conditions of...doubt a fact which has got no relevancy and nexus with the present lis. The fact of sale of eight anna shares by Ashok Kumar Mukherjee, by violating the terms and conditions of the partition deed is no...property which was sold by the proforma defendants to Smt. Arati Das.The ground for such pre-emption was that by registered deed of partition dated November 27th, 1967 the joint property...

...parties to the petition is taken on record. The same is signed by the parties and also their respective counsel. Along with Joint Memo, a copy of the family Partition Deed based on which settlement has been arrived - 4 - between the parties is also produced. In paragraph Nos.1, 2 and 3 of the Joint Memo, it is stated as follows:- "1. That, the parties are compromised as per terms and conditions of...04 months from today and other properties which are mentioned in the said Family Partition Deed already executed in respect of the parties. 3. That, as per the terms and conditions mentioned...of Family Partition Deed wherein the shares of the parties were...

...desired that after her death the property would go to her son Manohar the plaintiff. This document is admittedly signed by Parvatibai. It is attested by two attesting witnesses. This partition deed, therefore, fulfils the three conditions, one...contended in para 9 of the Written Statement that Parvatibai had expressed her Will at the time of execution of the said partition deed. The defendant submits that since that was the Will she had...the defendant was claiming was a forged and fabricated document. It did not confer any right, title and interest on him. On the other hand, he found that contents of the partition deed itself were the...

...-interest are also bound by the terms and conditions of the Partition Deed dated September 5, 1931. But, in the instant case, I find that predecessor-in-interest of the plaintiff, namely, Dhirendra himself did not comply with the terms and conditions of...the Partition Deed and in violation of the said terms and conditions of the Deed of Partition, he had sold his entire share in the tank in suit to a...defendants, and, as such, the plaintiff being the successor of the said person cannot invoke right of preemption by taking aid of clause of preemption in the original deed of partition,II...

...agreed that the partition proceedings shall be undertaken afresh by the Assistant Collector, II Grade by considering the terms and conditions enumerated in the deed dated 11.02.2015 while also...JASWANT SINGH, J. (ORAL)The dispute is between the family members regarding partition of agricultural land measuring 77 Kanal 11 marlas situated in the revenue estate of...Chuhar Majra, District Kaithal. The Assistant Collector, IInd Grade, Dhand had finalized mode of partition on 19.05.2005 The Sanad Taksim was also issued on 8.9.2005 However, it transpires that prior to...

...petitioner herein restraining the defendant/petitioner from violating the terms and conditions of the partition deed dated 26.08.2016 and to pay the maintenance as agreed in the Partition Deed. The said...Partition Deed dated 26.08.2016, (Annexure-A). It is the case of the plaintiff that the defendant has not complied with the terms and conditions stipulated in the Partition Deed and as such, the...of the petitioner and the respondent herein on 26.08.2016 and as per the terms of the Partition Deed, the petitioner has to supply 6 ½ quintals of red variety of areca nut. In the said suit, the...

...petitioner herein restraining the defendant/petitioner from violating the terms and conditions of the partition deed dated 26.08.2016 and to pay the maintenance as agreed in the Partition Deed. The said...Partition Deed dated 26.08.2016, (Annexure-A). It is the case of the plaintiff that the defendant has not complied with the terms and conditions stipulated in the Partition Deed and as such, the...of the petitioner and the respondent herein on 26.08.2016 and as per the terms of the Partition Deed, the petitioner has to supply 6 ½ quintals of red variety of areca nut. In the said suit, the...

...statement as on 31.03.2013 and explained that the sum is received by cheque from her father and brother on settlement of property among the family members as per the conditions of the partition deed. The...the following grounds: 3.1 The Ld. Commissioner of Income Tax (Appeals)-3, has failed to understand the fact that the genuineness of the partition deed itself is not a source for giving an amount of Rs...partition deed, copy of income tax return and statement of inflow and outflow of cash. The Ld. AO from the assessment records found that the assessee has credited a sum of Rs. 1 Crore in her cash flow...

...statement as on 31.03.2013 and explained that the sum is received by cheque from her father and brother on settlement of property among the family members as per the conditions of the partition deed. The...the following grounds: 3.1 The Ld. Commissioner of Income Tax (Appeals)-3, has failed to understand the fact that the genuineness of the partition deed itself is not a source for giving an amount of Rs...partition deed, copy of income tax return and statement of inflow and outflow of cash. The Ld. AO from the assessment records found that the assessee has credited a sum of Rs. 1 Crore in her cash flow...

.... A Division Bench of the Patna High Court considered a similar condition in a partition deed and the conditions were held to be not repugnant to S. 10 of the Transfer of Property...Thomas, J.:— The 1st appellant is the widow of Ramanatha Iyer. He and the rest of the members of his family executed Ext. A1 partition deed oo 17-12-1932. Among the items allotted to...stipulated in Ext. A1 partition deed.10. Even otherwise, a lease created by Ramanatha Iyer who was only a life interest holder will not survive him. The general rule, that a person cannot...