...area 1020 Sq.ft. and, therefore, though the plaintiff has acquired the title over 306 sq.ft. of land out of total land area 1020 Sq.ft. but the remedy of the purchaser-plaintiff to file a suit for partition as the defendant...any recover possession of the whole of the property for the benefit of the joint family including vendor. The purchaser is not entitled in such suit to an order for partition, either of the specific...joint possession from the date of his purchase. He could work-out his rights only by a suit for partition and his right to possession would date from the period when a specific allotment was made in...

...property along with his mother as he was known to him. On 27.4.1983, the defendant illegally dispossessed the plaintiff; since then he is in exclusive possession. Suit no. 766/83 was filed by the plaintiff seeking ...been advised to file a suit for partition. Defendant had tried to sell the suit property. Plaintiff filed a suit No. 748/91 seeking relief; the statement of the defendant was recorded on 18.12.1996...adverted to.6. This court is sitting in second appeal and can interfere with findings of fact only if the same are perverse. Ex.PW1/1 dated 25.1.1991 was a suit for possession and mandatory...

...by the petitioner u/o VII r.10 and 11 CPC wherein it was prayed for want of proper court fees and also without claiming partition the suit is not maintainable. The application was opposed by the...prayer for partition and possession. It also appears that the objection raised by the petitioner in this regard has 1 not taken...has been filed. Short facts of the case are that the respondent who is brother of the petitioner, filed a suit for declaration and permanent injunction. The application was filed...

...erroneously defendant No.5 was placed exparte. Later on, the trial Court has decreed the suit. 3. It is submitted that the suit for partition and separate possession was file...all the joint properties. Hence, the suit for partition and separate possession is not maintainable for partial partition. Therefore, defendant No.5 needs to canvass this aspect...XXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, (CCH-38), REJECTING PETITION FILED U/O.X RULE 13 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY...

...admission.8. On the side of the Appellant/Second Defendant, the following substantial questions of law have been raised for consideration:(a) Whether the Suit for partition is maintain...same. But in the instant case, the present Suit has been straight away filed for the reliefs of partition and separate possession without seeking relief of cancellation of Ex.B.1 Therefore, in view.... Since Ex.B.1 is a valid document, the Plaintiff ought to have sought for relief of cancellation. But the Plaintiff has straight away filed the present Suit for the relief of partition and separate ...

...JAIN Order 28/03/2024 1. During course of arguments, learned counsel for the petitioners submits that the plaintiffs have filed the suit for partition and i...revision petition with request to issue direction to the Trial Court for early disposal of the civil suit. 1 (2 of 2... HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 208/2023...

...co-sharer cannot disturb the possession of the other without a suit for partition decreed the plaintiffs' suit for khas possession.6. The principle relied upon by ...arrangement for the sake of convenience. Unless such mutual arrangement is proved the co-sharer who is dispossessed cannot recover possession, and his only remedy lies in a suit for partition. The...1. This appeal arises out of a suit for Mas possession of a piece of land upon a declaration of plaintiffs' jote right thereto. The plaintiffs alleged that the said land together with...

...section 7(iv)(c) attracted and plaintiff can sue for possession without asking for a declaration and cancellation. In the matter of Bhagwati v. Chamar Rai, 1980 (II) MPWN...) of section 7 shows that in a suit for partition, without claiming separate possession, the suit has to be valued according to one-half of the value of the plaintiffs share of the property. This ...the case are that the petitioner filed a suit for declaration, partition, possession and mesne profit alleging that the respondent No. 3 is the mother of petitioner, while respondent Nos. 1 and 2 and 4...

..., that there having been no partition of the lands, and the plaintiffs were entitled to maintain the present suit for recovery of joint possession on declaration of title; further that the plaintiffs did not claim ..., also lends support to the case that there was such ouster on the part of the co-sharer defendants which entitled the plaintiffs to pray for joint possession, without praying for partition. The...1. This is an appeal by the plaintiffs in a suit for recovery of khas possession of lands described in the third schedule to the plaint, in the alternative for possession of an undivided...

...according to the plaintiff, the property was not in joint possession and as such a suit for partition without a prayer for possession cannot be maintained. I do not find any reason to int...) VIJAYKRISHNAN S. MENON(K/001627/2019) VIVEK NAIR P.(K/1216/2021) THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON...day of June, 2023 JUDGMENT The plaintiff who has suffered dismissal of the suit as well the appeal filed against the dismissal, is...

...seek possession of the suit property. A simple suit for declaration without seeking further relief of partition or joint possession is not maintainable under Section 34 of the Specific Re...appellants filed a suit for declaration with consequential relief of permanent injunction. The main controversy is that the appellants are claiming that they have got right by way of amendment in Section 6...the basis of evidence produced on record, came to the conclusion that Karan Singh executed a legal and valid Will. The plaintiffs-appellants are not in possession of the suit property and they did not...

...to the suit, since suit is for Partition and separate possession of suit properties. Without undertaking such an exercise, trial Court could not have rejected the said application and as ...in O.S No. 2404/2006, which suit has been instituted for the relief of Partition and separate possession claiming 1/5th share amongst other reliefs. During the pendency of suit, application in question...Aravind Kumar, J.:— Heard Sri. A.G Nagaraja, learned counsel appearing for the petitioners. Perused the records. No notice is issued to respondents since application filed by the present...

.... 3. The learned counsel appearing for the petitioner contends that the additional issues in as much as the issue regarding co-parcener is necessary for the effective adjudication of the suit for ...for partition and separate possession, declaration and correction of record of rights. The petitioner is defendant No.1 in the said suit proceedings. It is the case of the petitioner that the father of...there was a prior partition in respect of suit property through registered partition deed dated 07.08.2004? 3. Whether the suit is not properly valued for the purpose of payment of...

.... Further, in the opinion of the Court, no suit for injunction could have been filed against a co-owner/a cosharer in joint possession without seeking a relief for partition. In my opinion, a join...-sharer cannot claim any right or possession over a specified portion of the property, which is held jointly without filing a suit for partition. Consequently, even though, the Court may have given a...were in possession for several years and consequently, had perfected their rights also by adverse means.2. The defendant Nos. 17 to 19 resisted the suit and contended that the defendant...

...- 4. The plaintiff has filed suit for partition and separate possession without questioning the gift deed. Therefore, plea of limitation may not arise ...defendant No.3 seeking leave to file written statement is rejected by the Court below. 2. Respondent No.1/plaintiff has instituted suit for partition and separate...consideration. Core question is as to how the plaintiff can maintain partition suit without questioning the gift deed executed on 7.9.1987. At this juncture, in the light of prayer sought in the plaint...

...coming to the conclusion that the petitioner was not entitled to cross-examine PW1 without appreciating that in a suit for partition, parties occupy the possession and status of both plaintiff and...to reopen the case and permit the petitioner / defendant No.2 to cross- examine PW1 was rejected by the trial Court. 2. Heard learned counsel for the petitioner, learned counsel...for the respondent Nos.5 & 6 and perused the material on record. 3. A perusal of the impugned order will indicate that the trial Court has adopted a hyper- technical approach in...

.... 92/2012 against the present appellant/defendant No. 1 and respondent No. 2.defendant No. 2 for partition and separate possession of her 1/3rd share in the suit schedule lands situated at Bad-byakud...any share to her. Therefore, she filed the suit for partition and separate possession of her 1/3 share in the suit schedule properties. The defendants did not file written statement. The plaintiff was...the order of the Land Tribunal became final. It is also the case of the plaintiff that defendants No. 1 and 2 (her sons) made a partition of the suit schedule properties amongst them without giving...

...title at least after the death of her father Kusa Ram Gogoi. According to the contesting defendant, the said properties are ancestral properties and there such no suit is maintainable for possession without ....(iii) For that the learned lower Appellate Court erred in law in reversing the judgment and decree passed by the trial court without declaring the right, title and interest of the either parties...it. Hence, the suit being T.S No. 82 of 1992 was filed in the court of learned Assistant District Judge, Nagaon, praying for declaration of right, title and interest over the schedule ‘K’ land and...

...proportionate share of the amount paid by Defendant 1 to redeem the mortgage. The contention of Defendant 1 that a suit for partition and possession was not maintainable without bringing a suit ...redemption was repelled. One of the pleas urged before this Court was that the suit for partition without asking for redemption was not maintainable. This Court held that the original mortgagee had not ass...two plaintiffs sued for partition and possession of their two-fifth share in the suit properties alleging that the first defendant was alone in possession of the same, having redeemed the mortgage...

...Gulati used to live along with his family members. ii. The plaintiffs have filed a suit for separate possession 2 of 4 ...declaration. She submits that in absence of declaration, suit for separate possession by way of partition is not maintainable...?" 3.4 It is evident that the Supreme Court did not lay down as a law that a separate declaration in a suit for separate possession by way of partition is mandatory...