Section 8 of the Partition Act, a determination or
order that furthers the preliminary decree in a partition suit (by deciding if a property ... Court to order sale instead of division in partition suits.-
Whenever in any suit for partition in which, if instituted prior to the
commencement
income. A suit for
declaration with a consequential relief for
injunction, is not a suit for declaration
simpliciter: it is a suit for declaration with ... institute a fresh suit.
Thereafter the wife of the plaintiff and his sons
filed a suit for the partition of the same
properties
claimed any right in the suit property,
nor contested the probate petition nor filed any counter claim/suit for
partition or possession within the statutory ... suit cannot conceal the real
CS(OS 1133/2015 Page 3 of 15
nature of the suit, and which was really a suit for partition
spouse Fathima Beevi @ Batcha Ammal
is the subject matter of a partition suit, out of which the instant second
appeal arises.
2 Abdul Latiff ... died in 1982. Thereafter, one son P.Abdul Jabbar
filed a partition suit against his seven siblings. This partition suit
separate possession which reads as
under:
35. Partition suits.- (1) In a suit for
partition and separate possession
of a share of joint family property ... Valuation Act n relates to
Partition Suits. S. 37 provides as
follows:-
37(1) In a suit for partition and separate
possession of a share
relating to suits for possession and mesne profits)
relied on by the first respondent, is relevant to a suit for partition
and accounts and share ... Fees and Suits Valuation Act, 1959 ( Act of 1960, Kerala).
Making a distinction between decree for profits in a suit for partition as
determined under
decree passed in a partition suit since the suit did not emanate as a suit for
partition, but as one for declaring that the sale ... suit and therefore an application for passing the final decrees
is only an application in a pending suit, seeking further progress. In
partition suits, there
Partition Act".
13. The petitioner who technically can be labelled as
transferee pendente lite, in the context of a partition suit in
which ... partition suit and they have contested the suit by filing
written-statement. They themselves are not purchasers
pendente lite, rather long before Title Suit
partition suit and that being fatal to the suit owing to non-
joinder.
24.As the entire second appeal arises out of a partition suit ... their mother, the present suit filed by the appellant partakes of the
character of a suit for partition and in such a suit clearly
respondent filed the written statement in the suit stating that the
suit is bad for partial partition and despite that the petitioner has not
taken ... suit claiming half
share in the suit property on the ground that the suit property belongs to
his mother. In the suit, the petitioner
