Document Fragment View
Fragment Information
Showing contexts for: common open plot in Aaryander Kumar vs Joginder Kumar on 26 February, 2018Matching Fragments
12. The reason for not permitting co-owner to seek partial partition in a suit for partition has been explained in judgment titled Govindrao v. Dadarao, 2004 SCC OnLine Bom 303, as under:-
16. On resume of the aforesaid authorities it would reveal that the general rule is that all the joint family properties should be brought into common hotchpotch and then seek partition of the same. A member of a joint property suing his coparceners for partition of family property is bound to bring into common hotchpotch the entire joint property in order that there may be complete and final partition of family properties that may be in his possession. The general rule is that initially suit for partition is brought by a corparcener against other coparceners, it should embrace the whole family property but this rule is subject to certain qualifications and exceptions. In the present case it is not in dispute that the plaintiff has filed suit for partition and separate possession of his half share in the suit house, without bringing into common hotchpotch the house property and open plot which are described in the written statement filed by him in Regular Civil Suit No. 85/86. The plaintiff even did not make any reference to these properties in his plaint and simply stated that the agricultural lands were partitioned by the partition deed dated 14-3-1959 between him and his brother Shrawan. It would thus reveal that there was already partition of some of the properties which were the agricultural lands by virtue of the said partition deed dated 14-3-1959.