claim made by defendant for future mesne profits in regard to common properties. First Appeal No. 667 of 1960 is by defendant and First Appeal ... directions regarding realisation of common outstandings, the discharge of common liabilities, the distribution of the profits of the properties realised pending the suit, either
tenant-in-common are reducible to this. They are cases in which something has been done which has destroyed the common property, or where there ... direct and positive exclusion of the co-tenant-in-common from the common property, he seeking to exercise his rights therein and being denied
property pursuant to sale deed dated 27.3.2008 and subsequent
sale deed of second half of the property vide registered sale deed
dated 10.4.2008 commonly known ... mortgaging,
selling, developing, or otherwise dealing with suit property in any
manner whatsoever, i.e. property commonly known as Natraj Land
situated at Changispur alias
appropriate to his sole use any particular
portion of the common property.
Page 30 of 36
Downloaded ... owner is, in theory, interested in every bit of the common
property howsoever infinitesimal, and is entitled to be in
possession of every such part
appropriate to his sole use any particular
portion of the common property.
Page 30 of 36
Downloaded ... owner is, in theory, interested in every bit of the common
property howsoever infinitesimal, and is entitled to be in
possession of every such part
distinct classes. Members, officers and servants from one class. They possess common properties and characteristics in that they are all directly and intimately connected with ... characteristics between one category of non-members and another : both have common properties and common characteristics so far as the object of providing the special
separate property to convert his property into an item of joint family property."
9. The blending by a coparcener of his separate property with ... property or interest in property from one person to another and they can have no application where separate property is converted into joint family property
share of the property of the firm of Manila Shamaldas would be joint family property in the shape of ancestral property in the hands ... into the common hotchpot but by being so put in common hotchpot or pool in the family arrangement, the property did not lose its character
self-acquired property from his paternal ancestors,
the said property becomes his self-acquired property, and
does not remain coparcenary property. (emphasis supplied).
21. Therefore ... separate property is a coparcener who has an
interest in the coparcenary property and desires to blend
his separate property with the coparcenary property. There
would also be concerned and over and above the property/properties under execution other properties would also be involved in such a suit.
22. Much ... existing rights in common properties in consideration of getting exclusive right in specified property by this process, common unspecified rights in larger extents are located