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Judgment Search Results Home > Cases Phrase: partition act 1893 section 5 representation of parties under disability Year: 2015 Page 1 of about 107 results (0.328 seconds)

Oct 20 2015 (HC)

Kusum Kumria and Others Vs. Pharma Venture (India) Pvt. Ltd. and Anoth ...

Court : Delhi

Decided on : Oct-20-2015

..... of the partition act and its disposition under section 3 thereof. can consent of parties have any role to play in the matter? in this regard, the pronouncement reported at (2009) 9 scc 689, shub karan bubna @ shub karan prasad bubna v. sita saran bubna is topical. in this case, in the year 1960 the first respondent and his mother filed a suit for partition against the ..... purchaser. rule 89 of order 21 cpc also applies to a sale in execution of a decree for payment of money and an order of sale of property under the partition act, 1893 is a deemed decree under the code and, therefore, an application for setting aside sale in execution of such decree is maintainable. it also applies to a decree passed in terms of ..... and final settlement, it is not open to either of the parties to make any claim/demand against other parties. the transaction in this case stood concluded between the ..... of the supreme court reported at (2011) 10 scc 420, cauvery coffee traders, mangalore v. hornor resources (international) company ltd. in this case, the court held that where a final settlement upon re-negotiation is reached amicably between the parties by making price adjustments without mis-representation, fraud or coercion on the part of the respondents and money is accepted towards full .....

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Sep 23 2015 (HC)

G. Sathyavelu Vs. G. Pramila Devi and Others

Court : Karnataka

Decided on : Sep-23-2015

..... was filed in terms of section 2 of the partition act, 1893, read with section 151, c.p.c. after hearing the learned advocates for the parties, the following order came to be passed by the learned judge, appointing mr. dyappa, civil architect as the court commissioner to execute the sale warrant: i.a.no.3 filed under section 2 of the partition act r/w sec.151 of c.p ..... competent person, i.e. civil architect appointed by the court as commissioner. therefore, the learned judge is justified in bringing the property for auction. 5. i.a.3 was filed in terms of section 2 of the partition act, 1893. whether the trial court is justified in bringing the family property for public auction, is the question. what is held in the case of r ..... .ramamurthy iyer .v. rajeswara rao reported in [1972] 2 scc 721 is that if the plaintiff has invoked the power of the court to order sale instead of division in a partition suit under section 2 of the partition act ..... of ramamurthy has been subsequently relied upon by the hon'ble apex court in the case of rani aloka dudhoria and others .v. goutam dudhoria and others reported in [2009] 13 scc 569. sections 2, 3, 6 and 7 of the partition act, 1893, have been discussed at length in the said decision. what is ultimately held in the case of rani aloka is that .....

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Sep 23 2015 (HC)

sri.g.sathyavelu Vs. smt.g.pramila Devi

Court : Karnataka

Decided on : Sep-23-2015

..... was filed in terms of section 2 of the partition act, 1893, read with section 151, c.p.c. after hearing the learned advocates for the parties, the following order came to be passed by the learned judge, appointing mr.dyappa, civil architect as the court commissioner to execute the sale warrant: i.a.no.3 filed under section 2 of the partition act r/w sec.151 of c.p ..... .ramamurthy iyer .v. rajeswara rao reported in [1972]. 2 scc721is that if the plaintiff has invoked the power of the court to order sale instead of division in a partition suit under section 2 of the partition act ..... person, i.e. civil architect appointed by the court as commissioner. therefore, the learned judge is justified in bringing the property for auction. 10 5. i.a.3 was filed in terms of section 2 of the partition act, 1893. whether the trial court is justified in bringing the family property for public auction, is the question. what is held in the case of r ..... /o no.301, 4th cross, manjunathanagar, bangalore- 560 010. smt. g. vinodhini, d/o late. p. govindan, aged about44years, r/o no.37, 11th cross, nagpur, mahalakshmipuram, bangalore- 560 086.5. g. bhuvaneshwari d/o p. govindan, aged about40years, r/at no.20, janapriya apartments kadabagere, magadi road, bangalore.6. sri. g. sampathkumar, s/o late p. govindan, aged about38years, r .....

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Jul 07 2015 (HC)

K.J.Joseph Vs. Yacob Joseph

Court : Kerala

Decided on : Jul-07-2015

..... valuation made by the commissioner before the court below from the petitioner herein and they are not standing in the way of the petitioner for purchasing their shares also under section 3 of the partition act, based on the valuation made by the commissioner. it seems that the commissioner has valued the property with the building at 88,47,691/-. there is no subsisting ..... , who is entitled to bid the property in such a private auction by paying the shares of others based on the commissioner's valuation, under section 3 of the partition act, and that anyone of the defendants 3 to 5 are not in any way entitled to bid the property in auction and they are not expected to bid the shares of others. o.p ..... has disposed of all those ias thereby reviewing the earlier order passed by the court below for public auction, with a view to invoking the power of the court under section 3 of the partition act. the court below through ext.p10 order has ordered auction of the property among all the o.p.(c) 1774 of 2014 -:3. :- defendants. of course, it seems ..... of the order passed by the court below for public auction thereby expressing his willingness to purchase the shares of others and for getting the power of the court under section 3 of the partition act invoked. together with it, the other defendants also filed ias expressing their willingness to purchase the shares of others.3. ultimately, through ext.p10 common order, the court .....

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Jul 09 2015 (HC)

M.K.Fathima Vs. Anthru

Court : Kerala

Decided on : Jul-09-2015

..... to the learned counsel for the petitioner, these two recitals in the plaint will show that the plaintiff should have paid court fee under section 37(1) of the kerala court-fees and suits valuation act, 1959 ( for short ' the act').5. per contra, the learned counsel for the o.p.(c).no.1789 of 2013 3 plaintiffs/respondents contended that the entire averments in ..... petitioner. plaintiffs are the contesting respondents. an additional issue was raised in the suit at the instance of the petitioner challenging the sufficiency of court fee paid in respect of partition of money shown in d schedule to the plaint. the case of the plaintiffs is that the properties scheduled to the plaint belonged to one edavana moidu. after his death ..... a clear and specific admission that the plaintiff had been excluded from possession." 10. it is well settled that the question regarding court fee cannot be raised by a party subsequent to the start of evidence as per section 12 of the act; but that embargo does not apply to the court. it is well settled that the court can direct the concerned ..... parties to pay court fee at any time before conclusion of trial. so, i do not find any reason to interfere with the order passed by the court below, when totality .....

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Jul 21 2015 (HC)

Sri S Sundaramurthy Vs. Smt Saraswathi Lakshmanan

Court : Karnataka

Decided on : Jul-21-2015

..... conclusion of the court below that the suit was to be treated as a suit for partition and separate possession and the court fee paid on the valuation of the suit under section 35 (2) of the kcfsv act cannot be said to be conclusive. as regards the nature of the suit, from a plain ..... arrangement, on a perusal 18 of the will, the settlement of the ooty property in favour of the plaintiff and the subsequent conduct of the parties. when the ooty property was settled in favour of the plaintiff and the consequential relinquishment of rights over the ooty property by the other members of ..... of the grand-daughters died issueless, then the other living grand-daughter would get the entire two-third share and become the absolute owner (clause 5 of the will). after the death of jageshwar kuer, the talkeshwari devi and sheorani divided the properties in equal shares and took possession of their ..... , the court below had framed the following issues. 1. does plaintiff proves the conditional bequeath of a schedule properties under the will dated 11.12.1972 executed by late sri. s.v.subramaniam?. 13 2. do the defendants 1 and 2 prove that fulfillment of condition of will as contended in para ..... ajesh kumar .s and shri shanmukappa, advocates) both are residing at no.23, m.g.road, bangalore 560 001. sri. shanmugam, son of late sri. s.v.subramaniam, aged about 67 years, appellants2smt. saraswathi lakshmanan, wife of sri. a.s.lakshmanan, aged about 65 years, residing at no.1/c, cunningham road, bangalore .....

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Jul 21 2015 (HC)

S. Sudaramurthy and Others Vs. Saraswathi Lakshmanan and Others

Court : Karnataka

Decided on : Jul-21-2015

..... the conclusion of the court below that the suit was to be treated as a suit for partition and separate possession and the court fee paid on the valuation of the suit under section 35 (2) of the kcfsv act cannot be said to be conclusive. as regards the nature of the suit, from a ..... family arrangement, on a perusal of the will, the settlement of the ooty property in favour of the plaintiff and the subsequent conduct of the parties. when the ooty property was settled in favour of the plaintiff and the consequential relinquishment of rights over the ooty property by the other members of ..... of the grand-daughters died issueless, then the other living grand-daughter would get the entire two-third share and become the absolute owner (clause 5 of will). after the death of jageshwar kuer, the talkeshwari devi and sheorani divided the properties in equal shares and took possession of their respective ..... shares of m/s mlc industries limited, is sought to be questioned in the connected appeal, by the plaintiff. 6. the learned senior advocate, shri b.v. acharya, appearing for the counsel for the appellants defendants 1 and 2, would contend that the trial court was in error in holding that the ..... above pleadings, the court below had framed the following issues. 1. does plaintiff proves the conditional bequeath of aschedule properties under the will dated 11.12.1972 executed by late sri. s.v. subramaniam? 2. do the defendants 1 and 2 prove that fulfilment of condition of will as contended in para 7 .....

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Nov 03 2015 (HC)

C.J. Ramakrishnan Vs. The State of Tamil Nadu, Rep. by the Secretary t ...

Court : Chennai

Decided on : Nov-03-2015

..... of reducing the extent of surplus land in excess of the ceiling area, such transfer or partition, whether bona fide or not, shall be construed as defeating the provisions of this act. ? 13. section 5 of the amended act envisages that notwithstanding anything contained in any law for the time being in force or in ..... writ petition was filed without impleading him as a party respondent. the agricultural lands measuring 6.52 acres in survey no.80/2 of perur village owned and possessed by mrs.k.r.masthammal had been declared as surplus lands under section 18(1) of the act, 1961. the first respondent issued g.o.ms. ..... is guilty of suppression of material facts and this writ petition is liable to be dismissed on the ground of non-joinder of necessary and proper parties, who would be really affected in the event of allowing the writ petition. 29. the petitioner has given a false complaint before the land ..... his physical possession and enjoyment in pursuance to the sale made by the assignees, yet, the writ petition was filed without impleading him as a party respondent. 25.the lands, measuring about 6.52 acres in s.no.80/2, was allegedly settled by late.k.r.masthammal in the name ..... they are bound to complete such reversion process under section 18d(2) of the land reforms act by restoring actual physical possession of the said lands to them officially and enter the same in the revenue records. however, in spite of the repeated oral demands and written representation, dated 19.04.2011 and 11.07. .....

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Jul 14 2015 (HC)

Malayalandiyil Kayakool Edakozhi Subair Vs. Meruvambai Kithumathudhin

Court : Kerala

Decided on : Jul-14-2015

..... disposing of their rights in the properties will be valid. even though section 10 of the transfer of property act as such may not apply to partitions, the principle underlined in the said section is applicable in the case of partition also. true, the issue whether the principle underlying section 10 of the act is applicable or not depends on the nature of the estate obtained. ..... of the pleadings and evidence on record, found on issue no.4 that the clause in ext.a1 partition deed restricting the right of the first defendant in alienating the plaint schedule properties is invalid under section 10 of the transfer of property act; that the first defendant was the absolute owner of the plaint schedule properties at the time of execution ..... if what is obtained under the partition is absolute ownership, power of alienation must go ..... along with it and any restraint of that power will be against the public policy and will be deemed void. [see jagannathpuri guru kalameshwarpuri v. godabai w/o .....

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Oct 30 2015 (HC)

Tejrao Bajirao Mhaske Vs. Damodhar Narayan Sawale and Others

Court : Mumbai Nagpur

Decided on : Oct-30-2015

..... at village gangalgaon, tahsil chikhli, district buldana. the standard area ? in respect of the suit land has been determined under section 5 of the said act, to be the area of 2 acres of land and this fact is not in dispute. therefore, the transfer or partition of any portion of this land creating a fragment in any manner becomes void in terms of sub ..... , the transfer or partition of which, either by the act of parties or by the operation of law, is void under the provisions of this act, may be summarily evicted by the collector. ? in terms of sub-section (1) of section 9 of the said act, the transfer or partition of any land contrary to the provisions of the act is declared to be void, and under sub-section (3) therein, the ..... . consequently, it has set aside the dismissal of the suit and passed a decree for possession in favour of the plaintiff. 3. after hearing the learned counsels appearing for the parties at length and after going through the findings recorded by the courts below and the documents placed on record, the following substantial questions of law were reframed by this court ..... trial court on the material facts in the light of undisputed factual position? ? thereafter, the matter was adjourned to enable the parties to address this court on the aforesaid substantial questions of law. 4. the facts in detail are as under: the suit property consists of 3 acres and 20 gunthas (1 hectare and 42 ares) of land in survey no.20 .....

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