Saturday, July 9, 2011

Case Law Discussion - Suit for partition- Definition of ouster ( if it has not been proved)- what is the principle of deciding the court fee

I would like to thanks Jai Thakur (http://www.facebook.com/profile.php?id=617180617) who have share these information.
Below are the related case law for captioned subject.


  • BABLI BRAR V/S ADESH KANWARJIT SINGH BRAR - HIGH COURT OF DELHI - 03 June 2011
    RAJ RANI & ANR V/S BIMLA RANI - HIGH COURT OF DELHI - 03 June
    PRAMOD KUMAR JAIN AND ANR V/S RAMESH KUMAR JAIN - HIGH COURT OF DELHI - 19 May 2011
    KRISHNA SAINI V/S CHAMELI DEVI & ORS - HIGH COURT OF DELHI - 16
    RANGAMMAL V/S KUPPUSWAMI & ANR - SUPREME COURT OF INDIA (FROM MADRAS) - 13 May 2011
    suit for partition
    HARJIT SINGH UPPAL V/S ANUP BANSAL - SUPREME COURT OF INDIA - 13 May 2011
    SURESH PRASAD AND ORS V/S SARYUG PRASAD AND ORS - HIGH COURT OF PATNA - 12 May 2011

    PREMA V/S NANJE GOWDA AND ORS - SUPREME COURT OF INDIA - 10 May 2011
  • LEKH RAM V/S SHYAM LAL - HIGH COURT OF DELHI - 06 May 2011
    & Ors. decided on 09.5.2006, in a suit for partition of abadi land of village Mauzpur which by a ... dispossession. He filed a suit for permanent injunction. Injunction was not granted. The appeal ... suit property? OPP 3. Whether the plaintiff is entitled to relief for permanent injunction as prayed ... decree dated 10.09.2007 which had endorsed the finding of the trial judge whereby the suit filed by ... dispossessing the plaintiff from the suit land/interfering in his peaceful possession had been

    DHRUV KUMAR GUPTA & ANR V/S DWARKA NATH @ MAST RAM - HIGH COURT OF DELHI - 06 May 2011
    Subject : Civil, Constitution
    case titled as Radhey Shyam v. Sri.Kishan Dass? Suit No. 536/1968, for fixing the standard rent ... for partition between the respondents which was decided by a compromise decree. The grievance of ... contended that the suit property was partitioned on 7th April, 1993, much before filing of the ... asserted that the son of deceased Sh. Dwarka Nath namely Sh.Deepak Kumar had also filed a suit for ... - Saving of Inherent powers of Court(C) Delhi Rent Control Act, 1958 - Special
  • HAFEEZA BIBI & ORS V/S SHAIKH FARID (DEAD) BY LRS & ORS - SUPREME COURT OF INDIA (FROM ANDHRA PRADESH) - 05 May 2011
    Subject : Civil, Property
    'plaintiffs' - filed a suit for partition against Mehboob Subhani, Mohammed ... -- defendant 2 -- contested the suit for partition. He set up the defence that Shaik Dawood ... previous suit for partition filed by some of the parties which was dismissed in ... (Hiba) - in question - partition suit filed - the trial Court recorded a categorical finding that ... registered may be received as evidence of a contract in a suit for specific

    SUDHA DEVI V/S CHINTAMANI AND ORS - HIGH COURT OF PATNA - 28 April 2011
    Subject : Civil, Family
    compelled the Plaintiff to demand for partition. The Defendants refused to partition the suit property ... the Plaintiff's suit for partition be decreed to the extent of 1/6th share. [15] On the other hand ... submitted that the simple suit for partition is not maintainable. There had already been oral family ... not been made party to the suit and, therefore, the simple suit for partition in absence of the ... been paid by the Plaintiff and, therefore, the suit for partition was not maintainable. The learned

    BACHAN KAUR AND ORS V/S KABAL SINGH AND ANR - HIGH COURT OF PUNJAB & HARYANA - 26 April 2011
    Subject : Tenancy
    except by filing a suit for partition. [7] Learned Counsel for the landowners have further argued ... long as the property has not been partitioned. He can alone maintain a suit for eviction of tenant ... -owners can alone and in his own right file a suit for adjustment of tenant and it is no defence open ... of the co-owners can file a suit for eviction of a tenant in the property generally owned by the co ... agency. One co-owner filing a suit for eviction against the tenant does so on his own behalf in his own.
  • MANJUR ALI & ORS V/S HASIMUDDIN SHEIKH & ORS - HIGH COURT OF CALCUTTA - 26 April 2011
    Subject : Civil
    suit for partition against the petitioners before the learned Civil Judge (Senior Division), Malda. In that suit, the petitioners entered appearance on February 20, 2008 and prayed for time for filing ... plaintiffs/opposite parties herein instituted a suit for partition against the co-owners. The defendants ... ] Though, it is a suit for partition and everybody of the parties may be treated as plaintiff and ... Judge (Senior Division), Malda in Partition Suit No.258 of 2007 thereby not accepting the written

    PROBHAT BASAK & ORS V/S RANI SAHA & ORS - HIGH COURT OF CALCUTTA - 26 April 2011
    Subject : Civil
    Section 4 of the Partition Act is available when a suit for partition is filed and the stranger ... ) 61and thus, he submits that unless the suit for partition is instituted by the stranger purchasers in ... petitioners. [2] The short question involved in the suit is whether a suit for declaration of title ... parties herein instituted a suit being Title Suit No.258 of 1998 against the petitioners praying for ... through the materials on record, I find that in a single suit, the plaintiffs have prayed for decree

    LT COL SHEILESH JUNG (RETD ) AND ORS V/S RAKESH JUNG AND ORS - HIGH COURT OF HIMACHAL PRADESH - 20 April 2011
    Subject : Family
    -applicants (hereinafter referred to as 'non-applicants' for convenience sake) have filed detailed reply to the same. [2] Non-applicants have filed a suit for partition of the estate of late Sh. Chaudhary Pratap Singh and also for declaration to the effect that the sale deeds effected by applicants No. 1 to 12 were void and not binding on the Plaintiffs and for rendition of accounts. Issues were ... to 6, 8 to 10 and 24 (hereinafter referred to as 'applicants' for convenience sake) have preferred

    BIJENDRA KUMAR GUPTA V/S BIRENDRA KUMAR GUPTA - HIGH COURT OF PATNA - 19 April 2011
    Subject : Property
    filed Title Suit No. 190 of 1987 in the said Court for partition of the ancestral dwelling house ... both the earlier Title suits for partition, Sukhdeyi Devi was party. She filed written statement ... dismissed the suit with cost. [2] The Plaintiff-Appellant filed the application for grant of probate or ... dwelling house. Smt. Sudha Rani filed Title Suit No. 82 of 1984 in the Sub Judge 1st Munger for ... already been partition of the said dwelling house left by Rajendra Narayan. However, the said suit

    JANAK PRASAD AND ORS V/S STATE OF LATE SHIBU MAHATO AND ORS - HIGH COURT OF PATNA - 15 April 2011
    Subject : Property
    for partition being title suit No. 49 of 1989 in the Court of Sub Judge, Hilsa. An application for ... cause of action for the suit? (iii) Whether the deed of Will purported to have been executed by ... Respondent submitted that after filing partition suit by these Respondents, the Appellants have ... Shibu Mahato. These Respondents have also filed partition suit being title suit No. 49 of 1989 ... Mahato. In spite of the above facts, the probate case was filed after the said partition suit wherein it

    MER DHANIBEN WD/O DECD MER MALDE VAGHA & ORS V/S MER RUPIBEN VIRAM & ORS - HIGH COURT OF GUJARAT - 08 April 2011
    case relied upon would suggest that plaintiff in that case had filed suit for partition of ... shall be hereinafter referred to as per their original status in the suit, for the sake of convenience ... prayed for in the suit and they were entitled to recover possession of the disputed lands and ... partitioned by metes and bounds in the year 1974. 8.2 Mr.Shastri, learned counsel for the appellants ... the year 1974, when the partition took place, Viram Vagha would not have consented for partition of

    KRISHNA KUMARI V/S BINOD MISHRA AND ORS - HIGH COURT OF PATNA - 07 April 2011
    Subject : Civil, Family, Family , Property
    decreeing the Plaintiffs-Respondents' suit for partition. [2] The Plaintiff-Respondent Nos. 1 and 2 filed ... the Defendant No1 to partition the joint family property but he refused and, therefore, the suit for ... Mishra. The main defence is that the suit is bad for partial partition because the Plaintiffs have ... suit property ? (8) Are the Plaintiff entitled to a decree of partition as prayed for ? (9) To what ... in the impugned judgment. According to the Appellant the suit is bad for partial partition because.

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