...position in unmistakable terms as follows (pages 172-73):“From what has been said above, it is evident that there is no unity of ownership in Bengal joint family, although there may be something like a unity of possession.(emphasis...under the Mitakshara law is unity of ownership. On the other hand, the essence of a coparcenary under the Dayabhaga law is unity of possession. It is not unity of ownership at all. The ownership of the...leaving three sons, B, C and D, each son will take one-third, and each one will be the owner of his one-third share. The sons are coparceners in this sense that possession of the property inherited from A is joint. It is the unity of...

...in North Malabar has the same characteristics in two respects, namely, (a) tracing descent through females; and (b) community of interest and unity of possession in respect of the.... The Mitakshara law of joint family is founded upon agnatic relationship : the undivided family is characterised by community of interest and unity of possession among...Mappilla. tarwad in North Malabar has the same characteristics in two principal respects(a) descent is traced through females; and , (b) there is community of interest and unity of possession in...

...(1969) 1 SCC 748, AIR 1970 SC 14, (1969) 3 SCR 882, (1969) 74 ITR 190) While under the Mitakshara Hindu law there is community of ownership and unity of possession of joint family property with...all the members of the coparcenary, in a coparcenary governed by the Dayabhaga law, there is no unity of ownership of coparcenary property with the members thereof. Every coparcener takes a defined share in the property and he is the owner of that share. But there is, however, unity of possession. The...case of a Dayabhaga family, which recognises unity of possession but not community of interest in the family properties amongst its members, the members thereof do constitute a family. That might also...

...1. With respect to unity of title and unity of possession, suit for partition filed by the appellant was held, with consent of parties, not liable to be proceeded any further in as much as in...entitled to mesne profits in respect of lesser areas given to him and more areas occupied by the defendants.7. Suffice would it be to state that ratio of law is that as long as the unity of title and unity of possession continues.... In other words, unless unity of title as also possession is broken, no claim for mesne profits can be laid.8. Needless to state, unity of possession is broken when an immovable property...

...unity of possession. If that is so, then taking into consideration the length of time during which this right of way has been enjoyed, namely, more than 20 years, I think following the decision of Sir...Fletcher, J.:— This appeal is preferred by the defendant against the decision of the learned District Judge of Birbhum, dated 12th April 1915, decreeing the plaintiff's suit. The plaintiff...sued for declaration of a right of way. The case is one of those which are common in this country, namely, where the plaintiff and the defendant have both a leasehold interest or the interest of a...

...and unity of possession:—No coparcener is entitled to any special interest in the coparcenary property, nor is he entitled to exclusive possession of any part of the property, as observed by their Lordship of the Privy Council, “there is community of interest and unity of...Viney Mittal, J.:— The plaintiff No. 1 is in appeal.2. The plaintiffs are the sons of defendant-Dalip Singh. They filed a suit for declaration and for joint possession of...property since then sons had no right to claim the possession of such a property or seek a declaration during the life time of the father6. Shri R.N Moudgil, the learned counsel for the...

...to erect a homestead thereon unhampered by any one.3. It is well settled that co-owners have unity of possession, and that all of them have an equal right to be in possession of every.... Since the matter is res integra and has been specifically left open I venture to say that no distinction can be drawn between possession of a joint-tenant and that of tenant-in-common or co-owner, in so far as the minimum common requirement, of all kinds of ownership of a thing by more persons than one is ‘unity of...possession’. According to Freeman on Co-Tenancy and Partition (Second Edition P. 150 Para 86):“The several tenancies are best distinguished from one another by considering the unities of each. Beginning with tenancy by entireties, we find five unities, viz., a unity of...

...Hindu joint family, there is a community of interest and unity of possession among all the members of the joint family and every coparcener is entitled to joint possession and enjoyment of the..., who were entitled to remain in possession and enjoyment of the watan property. The holder of the watan land is entitled to re-grant of the land in occupancy rights as an unalienated land. The...lands were abolished, the property became the joint family property. Consequently it became partible. The plaintiffs were held to be entitled to partition and separate possession to the extent of their...

...-in-common are such as hold by several and distinct titles, but by unity of possession, because none knoweth his own severalty, and therefore they all occupy promiscuously. This tenancy therefore...happens where there is a unity of possession merely, but perhaps an entire disunion of interest, of title, and of time.”7. I think it is clear that when it is stated that persons hold land...in common or as tenants in common the reference is to the form of their possession in which there is unity and not to the nature of the titles held in which there may be diversity. Under...

...Law’, seem to me, to govern the issue unmistakably.“235. Right of Coparceners : —(1) Community of interest and unity of possession :— No coparcener is entitled to any...special interest in the coparcenary property, nor is he entitled to exclusive possession of any part of the property. As observed by their Lordships of the Privy Council, “there is community of interest and unity of...possession between all the members of the family.”(2) Share of income :— A member of a joint Mitakshara family cannot predicate at any given moment what his share in the...

...Hindu law. The essence of a coparcenary under the Mitakshara School of Hindu law is community of interest and unity of possession. A member of joint Hindu family has no definite share in the coparcenary...of settlement and recovery of possession of the suit properties by way of partition. But the decree passed by the trial court awarding maintenance to the plaintiff at the rate of Rs 1200 per annum...of ownership and possession of the coparcenary property. It is true that there is no specific textual authority prohibiting an alienation by gift and the law in this regard has developed gradually...

...property under the Mitakshara law, the essence of coparcenary is unity of possession, and not unity of title and possession. Under the Dayabhaga law every coparcener takes a defined share in the...-common and not as joint tenants. Therefore, I am of the opinion that under the Dayabhaga law “partition” means disruption of unity of possession and actual division of property by metes and bounds and...common possession of the suit land and after their death, their heirs have been in joint possession of the suit lands, but a friction has arisen about the enjoyment and possession of the suit...

...shares but continues to belong to the Hindu Undivided Family as a whole. He further observed that although the unity of ownership of properties was not present in the case of Dayabhaga families, there was unity of possession in...1. The valuation date is 31-3-1959, and the corresponding year of assessment is 1959-1960. The material facts are that one Prafulla Chandra Bhar died on 27-4-1956, leaving...behind him, house properties and certain other movable properties. The family of the deceased consisted of six members who are:1. Smt. Nayantra Bhar, mother of the deceased...

...having unity of possession as it appears prima facie on admission.4. From perusal of the order passed by the S.D.M dated 16-9-2003 in Cr. Misc. Case No. 319/03 it is evident that the...apprehension of breach of peace between the parties over the scheduled land except that the situation was tensed.6. Both the parties were unanimous that there was unity of possession over the...parties were in joint possession over the land in dispute. The 2nd party/Opposite Party No. 2 and others of the present petition had not shown their causes but they had claimed exclusive possession...

...claiming half share in the suit property. The court below decreed the plaintiffs-respondent's partition suit recording a finding that there is unity of title and unity of possession between the parties...stated above, the trial court has already recorded a finding that there is unity of title and possession and, therefore, there is no question of issuance of any restrained order. There is no averment in...ORAL ORDERHeard the learned counsel for the appellants on I.A No. 7086 of 2013.It appears that copy of this I.A has not been served on the other side. It...

...respect of the house property income cannot arise.7. The essence of a coparcenary under the Dayabhaga law is unity of possession. It is not unity of ownership at all. Every coparcener...a particular share. So long as there is unity of possession, no coparcener can say that a particular share of the property belongs to him; that he can say only after a partition. Partition then..., according to the Dayabhaga law, consists in splitting up joint possession and assigning specific portions of the property to the several coparceners. (See Mulla on Principles of Hindu Law, 14th edition...

.... Ramanatha Aiyar in Major Law Lexicon, the land is held in coparcenary when there is the unity of title, possession and interest. A Hindu coparcenary is a narrower body than the joint family. A coparcener...community of interest and unity of possession. But the widow does not on that account become a coparcener : though invested with the same interest which her husband had in the property she does not acquire...(1969) 1 SCC 748.) While under the Mitakshara Hindu law there is community of ownership and unity of possession of joint family property with all the members of the coparcenary, in a...

...distinction between ‘joint tenants’ and ‘tenants in common’ in the following words:—“A joint tenancy connotes unity of title, possession, interest and commencement of title; in a tenancy in...common, there may be unity of possession and commencement of title but the other two features would be absent.”11. Similarly at page 639 of the Fifth Edition occurs a passage which runs as...representatives”.12. The basic distinction thus between ‘joint tenant’ and ‘tenants in common’ is that in the case of joint tenant there is unity of title and possession while in the...