Section 54 in The Code of Civil Procedure, 1908
54. Partition of estate or separation of share .-
Where the decree is for the partition ... time being in force relating to the partition, or the separate possession of shares, of such estates. Arrest and detention
right to an one-third share in the suit properties and partition and separate possession of his share on the ground (a) that the plaintiff ... plaint in a suit
"for partition and separate possession of a share of joint family property or joint property, or to enforce a right
suit was filed by the
respondents/plaintiffs seeking the relief of partition,
separate possession and declaration.
-: 8 :-
For the sake of convenience, the parties herein ... order attaining finality), they have sought
for partition. That the right to sue for partition and
separate possession of their shares in the suit lands
with
decree in a partition suit, which is reproduced
below:-
"18. Decree in suit for partition of
property or separate possession of a share ... judgment-debtor in a partition decree. A
preliminary decree for partition only identifies the
properties to be subjected to partition, defines and
declares the shares
view of prior partition and
the parties acting upon prior partition the plaintiffs were not
entitled to seek partition and separate possession by reopening
earlier ... partition between the parties on the
ground that the partition was an unequal partition and, therefore,
the plaintiffs were entitled to partition.
e) Once partition
view of prior partition and
the parties acting upon prior partition the plaintiffs were not
entitled to seek partition and separate possession by reopening
earlier ... partition between the parties on the
ground that the partition was an unequal partition and, therefore,
the plaintiffs were entitled to partition.
e) Once partition
partition against
petitioner and two others in the year 1960 in the court of the First
Additional Judge, Muzaffarnagar, for partition and separate possession ... separated and
other three brothers continue to remain joint, there is only a separation of
the share of one brother. In a suit for partition
Execution of decree for partition.
(1) Any Civil Court which has made a decree for the partition or for the separate possession of a share ... estates formed by the partition reasonably compact; (b) nothing in this section shall be deemed to prohibit the partition into separate estates of any parent
commission to such person as
it thinks fit to make the partition or separation according to the rights as
declared in such decree.
14. Procedure ... arbitrator directing a
partition, is stamped with the stamp required for an instrument of
partition, and an instrument of partition in pursuance of such order
does not include a major married son who as such had
separated by partition or otherwise before the 26th day of
September, 1970.
Prior ... separate ceiling area distinct from his
father, petitioner is to prove that he as a major married
son had separated by partition or otherwise before
