partners in the two properties, it should be taken that these properties have become their personal properties held in common as co-owners and, therefore ... properties as the properties owned and enjoyed in common by the partners, still such common properties cannot be possessed and enjoyed in severalty unless there
other co-owner in the common pathway. Similar instances are such as setting apart common property for use as thrashing floor or common passage ... common thrashing floor. Cases of extension of balcony over common passage also stand in the same footing. The principle underlying the enjoyment of common property
Person vs Nilambur Kovilakam Common Properties on 17 November, 2021
Bench: T.Raja , D.Bharatha Chakravarthy
Writ Appeal Nos.1243 ... Thirukoil,
Nambalakottai,
Gudalur Taluk,
Nilgiri District. ... Appellant
Versus
1.Nilambur Kovilakam Common Properties,
rep.by its Executive Officer,
T.N.Ashokavarnan,
Thirumalpad, Residing at Madasseri
Person vs Nilambur Kovilakam Common Properties on 17 November, 2021
Bench: T.Raja , D.Bharatha Chakravarthy
Writ Appeal Nos.1243 ... Thirukoil,
Nambalakottai,
Gudalur Taluk,
Nilgiri District. ... Appellant
Versus
1.Nilambur Kovilakam Common Properties,
rep.by its Executive Officer,
T.N.Ashokavarnan,
Thirumalpad, Residing at Madasseri
Person vs Nilambur Kovilakam Common Properties on 17 November, 2021
Bench: T.Raja , D.Bharatha Chakravarthy
Writ Appeal Nos.1243 ... Thirukoil,
Nambalakottai,
Gudalur Taluk,
Nilgiri District. ... Appellant
Versus
1.Nilambur Kovilakam Common Properties,
rep.by its Executive Officer,
T.N.Ashokavarnan,
Thirumalpad, Residing at Madasseri
Trustees for the
said Village common property and they have sold the property describing
it as Village common property and therefore, there is no impersonation ... right to sell the property in the capacity as Managers of the property and
they are authorized to alienate the property. A1 to A6 have
Trustees for the
said Village common property and they have sold the property describing
it as Village common property and therefore, there is no impersonation ... right to sell the property in the capacity as Managers of the property and
they are authorized to alienate the property. A1 to A6 have
Where a plff. claims not only a partition of common properties, but an account of profits realised by the deft. before suit & recovery ... them are the realisation of common outstandings, the discharge of common liabilities, the distribution of the profits of the properties realised pending the suit, either
Full Bench that the claim for a partition of the common property coupled with a prayer for a share of the profits accruing ... suit for partition the court has not only to divide the common property, but also to adjust the equities arising between the parties
lands were cultivated under a common pannai and a common account was maintained and expenses were incurred in common. At the end of each year ... case of a mere tenancy-in-common and made the observation that when tenants-in-common of property divide the income in the ratio
