partition suit Archives

Jurisdiction of Civil Court in parturition suit

Supreme Court discusses Civil Court’s jurisdiction to try suit once an application for partition is entertained by revenue authorities

“Regarding immovable properties (other than agricultural lands paying land revenue) – such as buildings, plots etc. or movable properties — where the Court can conveniently and without further enquiry make the division without the assistance of any Commissioner, or where parties agree upon the manner of division, the Court will pass a composite decree comprising the preliminary decree declaring the rights of several parties and also a final decree dividing the suit properties by metes and bounds, in one judgment.”

Case Briefs High Courts

Entry in revenue records does not confer any title over the suit property: Tripura HC reiterates

The contention of appellants that they and their predecessor acquired the right of adverse possession over the suit land was not accepted by the Court in the absence of cogent evidence on record.

Case Briefs High Courts

Calcutta High Court criticises trial court for allowing Counter-Claim after filing of written statement

The Calcutta High Court highlighted the importance of adhering to the legislative intent behind Rule 6A of Order 8 CPC to avoid multiplicity of proceedings and ensure speedy trial.

Case Briefs Supreme Court

In a suit for partition, Civil Court cannot go into the question of title, unless the same is incidental to fundamentals of claim: SC

The Court said that allegations of fraud require special pleadings in terms of Order VI, Rule 4 CPC, 1908.

Case Briefs High Courts

Delhi High Court| Pendency of a partition suit by the son against his parents is no deterrent to the proceedings under Senior Citizens Act, 2007

Senior Citizens have every right to protect themselves and in case of ill-treatment and abuse by their children/ legal heirs, can approach the Maintenance Tribunal for their eviction from their property of any kind, which includes both Ancestral as well as Self Acquired Property.

Case Briefs High Courts

Madras HC | Daughters filed partition suit while disowning their registered release deed. As per S. 92 of Evidence Act, burden to adduce evidence sufficient to exclude written evidence will be on the daughters? Read on

Madras High Court: G. Jayachandran, J., the instant suit was filed with regard to the relief of partition and permanent injunction from

Case Briefs High Courts

Madras HC | Under Hindu Succession Act, can an ‘ancestral property’ blend in with the ‘individual property’? Read to know

Madras High Court: G. Jaya Chandran, J., expressed that the individual property can blend with the ancestral property or with the joint

Case Briefs High Courts

Bom HC | Relinquishment of self-acquired properties of a deceased by legal heirs. Will such release enure to benefit of all other legal heirs? Court explains

Bombay High Court: R.D. Dhanuka, J., held that relinquishment of properties held by the legal heirs of a person whose properties were

Case Briefs High Courts

Pat HC | Whether transferee pendente lite have a right to be added as parties to partition suit? Court explains legal position

Patna High Court: Mohit Kumar Shah, J., while addressing the instant partition suit decided on the question as to whether: transferee pendente

Case Briefs High Courts

Del HC | Partition suit rejected under Or. 7 R. 11 CPC for want of cause of action in light of General Power of Attorney and Requisition Deed

Delhi High Court: Pratibha M. Singh, J. allowed an application under Order 7 Rule 11 CPC filed by the defendant in the subject

Case Briefs High Courts

Cal HC | Grievances ought to be first filed in the competent civil forum, before preferring a writ petition in High Court

Calcutta High Court: Tapabrata Chakraborty, J. dismissed a writ petition filed by the petitioner, Dr Kashninath Ghosh Hazra, under Article 226 of

Case Briefs Supreme Court

SCC Times

partition suit

Supreme Court discusses Civil Court’s jurisdiction to try suit once an application for partition is entertained by revenue authorities

Entry in revenue records does not confer any title over the suit property: Tripura HC reiterates

Calcutta High Court criticises trial court for allowing Counter-Claim after filing of written statement

In a suit for partition, Civil Court cannot go into the question of title, unless the same is incidental to fundamentals of claim: SC

Delhi High Court| Pendency of a partition suit by the son against his parents is no deterrent to the proceedings under Senior Citizens Act, 2007

Madras HC | Daughters filed partition suit while disowning their registered release deed. As per S. 92 of Evidence Act, burden to adduce evidence sufficient to exclude written evidence will be on the daughters? Read on

Madras HC | Under Hindu Succession Act, can an ‘ancestral property’ blend in with the ‘individual property’? Read to know

Bom HC | Relinquishment of self-acquired properties of a deceased by legal heirs. Will such release enure to benefit of all other legal heirs? Court explains

Pat HC | Whether transferee pendente lite have a right to be added as parties to partition suit? Court explains legal position

Del HC | Partition suit rejected under Or. 7 R. 11 CPC for want of cause of action in light of General Power of Attorney and Requisition Deed

Cal HC | Grievances ought to be first filed in the competent civil forum, before preferring a writ petition in High Court

Principles for applicability “res judicata among co-defendants” re-iterated: SC

No abatement of suit in case of death of a party if right to sue survives

Appeal against decree in partition suit languishing for 30 years, heard by 75 Judges, termed unfortunate