compromise decree and straight--away ask for the reliefs of declaration, partition and possession. According to him, the entire compromise decree is vitiated ... partition, he was entitled to ignore the deed and file a suit for partition and was not bound to have the earlier partition deed
families, he was constrained to file the suit for declaration, partition and other reliefs.
3. The deceased first respondent/first defendant did not file ... respect of the suit property and that hence the suit for declaration, partition and other reliefs should be dismissed.
4. It was also contended
against the defendants for the prayer for declaration, partition, separate possession and for permanent injunction.
3.At the time of filing the suit was valued ... stating that though the plaintiffs have filed the suit for declaration, partition, separate possession and for permanent injunction, the valuation of suit property
file the Additional
Subordinate Court, Namakkal for the reliefs of partition, declaration and
permanent injunction. As per the order passed in Transfer ... comprehensive Suit and in that Suit, the
prayer is partition, declaration and for injunction and in that Suit, there are
three items of suit properties
brief is as follows :-
3.1. The suit is filed for declaration, partition and permanent
injunction. The first plaintiff is the wife and the plaintiffs ... plaintiffs and the third
defendant. Hence, the suit for declaration, partition and permanent
injunction.
4. The first defendant resisted the plaintiffs' case by filing
other members by the fact of suing them for partition and by the unequivocal declaration made in the plaint in that suit when such unequivocal ... which are not easily reconcilable with the theory that partition can be effected by a declaration. In all the Courts in India
file of learned Subordinate Judge,
Coimbatore for declaration and partition of title in respect of
1/3rd share in the properties mentioned in Schedule ... unlawful and in view of the same,
the present suit for declaration and partition was filed.
13. The defendants
plaintiff will not be entitled to ask for the reliefs of declaration, partition and possession.
24. In Mrs. J. Kasthuri v. Seth Ghamhamdas Vonsimal Deva ... suit was filed for a declaration that the preliminary decree passed in an earlier suit for partition was null and void and not binding
cancelled under Section 40 of the Act before further reliefs of declaration and partition in respect of the properties covered by that decree were sought ... plaintiff will not be entitled to ask for the reliefs of declaration, partition and possession.
10. From the above decisions, it is clear that
second appeal.
2. The appellants, as plaintiffs, filed the suit for declaration, partition and separate possession of their share
