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1 - 10 of 23 (0.96 seconds)The Urban Land (Ceiling And Regulation) Act, 1976
The Hindu Succession Act, 1956
Madanuri Sri Rama Chandra Murthy vs Syed Jalal on 19 April, 2017
45. This principle was reiterated by the Supreme Court in Madanuri
Sri Rama Chandra Murthy v. Syed Jalal4 in the following terms:
Prathibha And Anr. vs Vedvathi And Anr. on 12 July, 2007
Similar view was taken in Prathibha and
another vs. Vedvathi and another7.
Neelavathi And Ors vs M. Natarajan And Ors on 30 November, 1979
68. The plea of the 1st respondent presupposes that a plaintiff in a suit
for partition claiming to be in joint possession must prove actual
physical possession, but this is not the law. As observed in Neelavathi
(8 supra), in the case of co-owners, to continue to be in joint
possession in law, it is not necessary that the plaintiff should be in
actual possession of the whole or part of the property.
Jagannath Amin vs Seetharama (Dead) By Lrs. And Ors on 9 November, 2006
As held in
Jagannath Amin (9 supra) an averment that plaintiff could not remain
in joint possession would not amount to exclusion from possession.
Ramanlal Bhailal Patel & Ors vs State Of Gujarat on 5 February, 2008
60. It was held in Ramanlal Bhailal Patel v. State of Gujarat11, that
when several persons acquire undivided shares in a property, they
become co-owners. The Court declared :
Sriram Pasricha vs Jagannath & Ors on 24 August, 1976
63. The concept of co-ownership was explained in Sri Ram
Pasricha v. Jagannath12, where it was stated that jurisprudentially it
is not correct to say that a co-owner of a property is not its owner. He
owns every part of the composite property along with others and it
cannot be said that he is only a part-owner or a fractional owner of the
property. The position will change only when partition takes place.
Tanusree Basu & Ors vs Ishani Prasad Basu & Ors on 5 March, 2008
65. This was reiterated in Tanushree Basu v. Ishani Prasad Basu.14 12 (1976) 4 SCC 184 13 AIR 1956 SC 548 14 (2008) 4 SCC 791.