their title to the suit property since the
appellant herein has raised a defense that the property is a common property of both
the plaintiff ... first
item of the property and the defendants claiming the suit second schedule property as a
common property. But in the written statement in paragraph
their title to the suit property since the
appellant herein has raised a defense that the property is a common property of both
the plaintiff ... first
item of the property and the defendants claiming the suit second schedule property as a
common property. But in the written statement in paragraph
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
plaintiffs are having common entrance, common staircase and
common passage , therefore, plaintiffs have preferential right to
purchase the suit property on the basis ... having common staircase, common
passage, common pillars and common beam. The site plan filed on
record only shows that the suit property is situated
property but an HUF property is if after 1956 a person
who owns a self-acquired property throws the self-
acquired property into a common ... Family properties/HUF
properties. In order to claim the properties in this second
exception position as being HUF/Joint Hindu Family
properties/properties, a plaintiff
Public Trust." It was founded on the ideas that certain
common properties such as rivers, seashore, forests and the air were held
by Government ... private owners. Second,
while it was understood that in certain common properties —
such as the seashore, highways, and running water —
'perpetual use was dedicated
properties of Sh. Tulsi Ram
would be as self-acquired properties by Sh. Duli
Chand, and these properties would not be HUF
properties ... properties of
his father Sh. Duli Chand allegedly on the ground
of HUF properties once these properties would be
self-acquired properties in the hands
schedule common passage appertains to holding No.27/5 Baje Shibpur 2nd Bye
Lane. The said common passage is the private common passage ... bounded by a common passage on the east, 10 ft. wide common passage on
the north ('B' schedule property), holding No.28 Baje
running the tyre unit
and the said unit is a common property belonging to him, his mother
and his brother. His brother Saravanan quarreled with ... name SP Saravanan Tyres and the said unit is a common
property belonging to him, his mother and his brother Saravanan,
who is the husband
property had not been disturbed and continue to
remain a common property for all.
(Downloaded on 27/09/2019 ... property.
The appellant by his statements or through cross-examination has
been unable to dislodge plaintiff claim of the property being in
common
