father, vide legal
notice dated 17th October, 2001, she sought partition of the property and
upon refusal by the Defendants, the suit came ... father?
3. Whether the property was settled by way of oral
partition dated 21st July, 2001 and whether the same
was acted upon
that it is not open to the tenants to either challenge a partition
between the landlords or the title of one of them ... owner, to the suit property. It is pointed out that a partition or a
family settlement does not amount to division of leasehold rights
defendant No. I devised a scheme of effecting a colourable and sham partition of the assets and properties including businesses and he got filed ... December 22, 1962, a collusive and a sham suit for partition. Shri Ajay Kaushish, who was then minor, was shown to be represented by next
Onkar Nath Seth & Ors.' was filed seeking partition
of the 23 bigha and 10 biswa land comprised in Khasra No.533.
The Gaon ... parties either
plaintiffs or defendants, but the suit being one for partition,
each having the status of a plaintiff as also that of a
defendant
identifiable and they had divided the property by means of oral partition and having entered into three different transations, they could not be called ... Vide Exhibit P-9 respondents edmitted that orally partition of the suit property took place and specific portion of the property fell to their respective
continuation of the said lease; there has been no partition of the property by metes and bounds between the plaintiffs, their predecessor-in-interesand other ... vide sale deed of March, 1997 and have filed a suit for partition against the co- owners including the plaintiffs.
4) There has been
other coparceners. Accordingly he filed the present suit seeking decree for partition by metes and bounds separating his l/7th share in the Joint Hindu ... ample authority in support of the proposition that a suit for partition of alleged joint properties of which the plaintiff claims to be in actual
Justice S. Ravindra Bhat (Oral)
1. In this suit, the plaintiff seeks partition and permanent
injunction against the defendants. The reliefs claimed include
preliminary decree ... partition in respect of properties being E-32,
Satyawati Colony, Phase-III, Ashok Vihar, Delhi, and a vacant plot
measuring 200 sq. yds., in HUDA
that defendant No.3 and her daughter have filed a suit for partition before the present suit was filed, claiming 1/6th share ... suit property; the decree of partition that will be passed in the suit will relate back to the day when defendant
earlier suit, the plaintiffs did not claim the
relief of partition in respect of the suit property nor did they claim
the relief of recovery ... injunction was
sought although the plaintiffs could have sought the reliefs of
partition and recovery on the basis of the same cause of action
