December, 2004.
if f'pariition" means any partition made by execution
of a deed of partition duly registered under ... purposes of this Section
Registration Act 1908 (16 of 1908) or partition
\
effected by a decree of a court. "
49
between male and female
respect of the income from properties retained to his share vide partition deed dated March 15, 1975 ?
(ii) Whether, on the facts ... assessable in the status of a Hindu undivided family even after the partition dated March 15, 1975 ?"
2. The statement of case drawn
these two plaintiffs and they constituted a joint family. Under a registered Partition dated 20.12.1971, they effected partition of the joint family properties ... fallen to the share of each of these plaintiffs. Though the partition took place in the year 1971, the revenue records continue in the name
Sangalad
ORDER
1. The appellant herein filed a suit for partition and separate possession of one-fifth share in the plaint schedule properties and consequential ... file of the Civil Judge, Bhadravati. The plaintiff valued the suit for partition for the purpose of jurisdiction as Rs. 15 lakhs and valued
plaintiff and defendant are brothers. In the year 1981 there was a partition amongst the brothers and a written memorandum of partition was recorded ... styled as Palupatti. Six months thereafter there was redistribution of properties in partition under Ex. P. 2 according to which the plaintiff was allotted
were in possession and enjoyment of the same. There is no partition in the joint family.
5. Plaintiff and other defendants learnt that defendant ... plaintiff and defendants 7 to 9. Plaintiff filed the suit for partition and separate possession of the suit schedule property of his 1/5th share
such the fourth defendant and his brothers decided to effect a partition of the family properties. Accordingly, the fourth defendant's eldest brother ... Vanajakshamma, the plaintiff and defendants-4 to 6 effected partition amongst themselves by a registered partition deed dated 29.8.1974 and each one was allotted
plaintiff is having half share in the suit schedule property and for partition and separate possession of his share by metes and bounds ... other consequential reliefs. His case was that under a registered partition deed dated 6-2-1968 all the properties of the joint family were divided
obtained by collusion. There shall be a Preliminary decree for partition of the suit properties. The partition of the immoveable properties assessed to land revenue ... duly authorised in that regard under Section 54 C.P.C. The partition of moveables shall be effected by a Commissioner appointed in that regard
Trial Court is justified in law in not passing a decree for partition in conformity with the finding arrived at by it ?
POINT ... suit properties, it ought to have passed a decree for partition and separate possession of his half share. Para 41 of the judgment
