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Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

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Bombay High Court Allows Writ Petition Challenging Rejection of Impleadment Application in Partition Suit — Petitioner's Right to be Heard as Necessary Party Upheld Under Order 1 Rule 10 CPC.

The petitioner, Dattatraya S/o Laxman Anandkar, filed a writ petition challenging the order of the Civil Judge, Junior Division, Shrigonda, dated 30/0...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiff Failed to Prove Title Over Disputed Property.

The appellant, Leelavati Baburao Chaudhari, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and dec...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Upholds Exclusion of 16 Acres from Partition. Court holds that suit for partition of property in exclusive possession of co-owner for over 12 years is barred by limitation under Article 65 of Limitation Act, 1963.

The appellants, plaintiffs in the original suit, filed a suit for partition of suit properties including 16 acres of land in Sy.No.703. The trial cour...

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Supreme Court Upholds Impartible Estate Status of Nazul Property in Former Ruler's Succession Dispute. Perpetual Leasehold Rights Held as Part of Impartible Estate Governed by Primogeniture, Not Coparcenary Property.

The Supreme Court of India heard civil appeals arising from a common judgment of the Allahabad High Court concerning the nature of perpetual leasehold...

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Supreme Court Allows Appeal in Rent Control Case: Ownership Dispute in Summary Proceedings Under U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. High Court Exceeded Jurisdiction Under Article 227 by Reappreciating Evidence on Ownership and Bonafide Need.

The appellant, Santosh Chaturvedi, filed a petition under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act,...