virtue of the
partition deed, the property was partitioned and the suit
property was left in common for use and enjoyment by
the owners ... Badri Prasad Seth was the owner of suit property or the
suit property falls under Property No.10, Under Hill Lane, Civil
Lines, Delhi
Where a plaintiff claims not only a partition of common properties but an account of profits realised by the defendant before suit and recovery ... profits or more than their share of the profits of the common properties they have to account to the other sharers for the excess
joint property and
the owners thereof joint owners. Joint property envisages a
community of interest (ownership) and a commonality of
possession vested in the entire ... partition."
15. A coowner's possession of the common property is not
prima facie adverse against another coowner, because such
possession
profits is implicit in the right to a share in the
common properties and need not be separately asked for and both
the rights have ... further held that a direction for
enquiry into profits of the common property received or realized
by one of the parties during the pendency
suit schedule properties were not at all stood
33
OS.NO.83592008
as joint in nature as Hindu Undivided Family properties
comprising of Plaintiff ... Deed under which the Plaintiff has
relinquished her right in the common property or ancestral
and joint family property of the Late Sri T.Seetharama
tenants-in-common and further in this case each of the tenant-in common was collecting part of the-common properties or the income from ... family property" meant property which at one time was joint family property and outfit not to be confined to cases where the property
lands)
gardens and all the properties situate in
Kattampulimanapadayur excluding the property,
kept in common from October 1880 as detailed
in para 7 and mentioned ... detailed in para 4 out of the aforesaid
properties, excepting the properties held in
common as detailed in para II and mentioned in
the 10th
suit for partition the Court has not only to divide the common properties but has also to adjust the equities arising between the parties ... their relation to the common property. The preliminary decree determines the moieties of the respective parties and thereby furnishes the basis upon which the division
coparcenary property. But there is no such basis for the application of the rule to property which is held in common. Indeed there seems ... properties as distinct from joint properties was not liable to be dismissed on the ground that the suit did not include all the common properties
joint family property. In. other words, it is claimed to be proved that Paras '. Das threw this property into the common stock ... Kunwar and the ancestral properties as would justify the conclusion that Paras Das had thrown this property into the common stock.
73. The fact that
