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Atika Begum, Vs. Haji A.A.M. Abdulla,

Court : Chennai

Subject : PropertyFamily

Acts : Transfer of Property Act - Sections 6, 10 and 11

Reported in : (2002)2MLJ4

shares of the properties. 6.2. Similarly, defendants 2, 91, 117 and 118, in their written statement, prayed for partition and separate possession of their 2947.88 shares in the suit property.6.3. Defendants 33, 37 and 52, in their … to 33, 35 to 37, 39, 40, 42, 48 to 55, 60 to 63 and 67 to … taxed and noted in the margin thereunder shall be met from and out of the assets of the estate. 8.4. For the purpose of clarity, we are obliged to extract Schedule `A' and Schedule `B' of the … the sharers, imposed in the registered Will dated 11.2.1897, which is admittedly acted upon by all the parties as a family settlement, creates a right … over the suit property.13.5. In this regard, we are obliged to refer Section 10 and 11 of the Transfer of property Act, which read as

Gomi Bai and ors. Vs. Uma Rastogi and anr.

Court : Andhra Pradesh

Subject : ContractCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 7, Rules 1 and 2 - Order 8, Rule 5(3); Specific Relief Act, 1963 - Sections 15, 19, 20 and 22(1); Transfer of Property Act - Sections 54; Evidence Act - Sections 102

Reported in : 2005(2)ALD631

should be explicit assignment of right of a party to the contract to a third person.54. General Clauses Act, 1897 also does not define the term 'representative in interest' or 'legal representative'. Indian Succession Act, 1925 also does … the requirements as per Form Nos. 47 and 48 of First Schedule of Code of Civil Procedure, … to the benefit of counterpart agreement. In the insolvency proceedings, the Official Assignee of Madras as assignee or estate of Venkata Subrahmanya Ayyar conveyed the right, title and interest of the insolvent in the house and the … creates a trust in favour of a stranger. Persons not parties to partitions or family arrangements claiming benefits provided for them in such transactions really … husband and therefore suit by her as nominee is maintainable as per Section 15 of the Specific Relief Act, 1963. The respondents/ defendants did not

Fatechand Mahesri and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Subject : FamilyProperty

Acts : West Bengal Estates Acquisition Act, 1954 - Sections 6 and 14(3); ;Hindu Law; ;General Clauses Act - Section 3(42)

Reported in : AIR1972Cal177,76CWN137

the coparceners of a Mitakshara Joint Hindu family is an intermediary within the meaning of the West Bengal Estates Acquisition Act, 1953.2. The plaintiff No. 1 Fatechand Mahesri is the father of the plaintiffs 2, 3 and … April 1, 1955between the sons and grandsons ofFatchand, He, however pressed thealleged partition that took place between Fatechand and his sons, the plaintiffs Nos. 2, … individual or a person within the meaning of the word 'person' in Section 3(42) of the General Clauses Act. 1897. Under Section 3(42) 'person' includes a company or association or body of individuals whether incorporated or not. In

Rebala Ramana Reddi Vs. Rebala Babu Reddi and ors.

Court : Chennai

Subject : Civil

Reported in : (1913)24MLJ96

Nellore in O.S. No. 15 of 1892. The decree is one for partition and was passed on the 3rd August 1897. There were several intermediate … application has been dismissed by the lower Court on the ground that it is barred by limitation under Section 48 of the Code of Civil Procedure, it having been presented more than twelve years after the date of … a certain custom was applicable to minors, namely, a custom that the person to whose use a copyhold estate is surrendered shall come in and be admitted after three proclamations or otherwise his land shall be forfeited. … plaintiff is entitled to the benefit of Section 7 of the Limitation Act and to reckon the period of limitation for execution of the decree

R. Ramana Reddi Vs. R. Babu Reddi and Four ors.

Court : Chennai

Subject : Civil

Reported in : (1914)ILR37Mad186

in Original Suit No. 15 of 1892. The decree is one for partition and was passed on the 3rd August 1897. There were several intermediate … application has been dismissed by the lower Court on the ground that it is barred by limitation under Section 48 of the Code of Civil Procedure, it having been presented more than twelve years after the date of … a certain custom was applicable to minors, namely, a custom that the person to whose use a copyhold estate is surreudered shall come in and be admitted after three proclamations or otherwise his land shall be forfeited. … plaintiff is entitled to the benefit of Section 7 of the Limitation Act and to reckon the period of limitation for execution of the decree

Brundaban Chandra Dhir Narendra Vs. the State of Orissa in the Revenue ...

Court : Orissa

Subject : Civil

Acts : Constitution of India - Articles 19(5), 31, 31(1), 31(2) and 226; Code of Civil Procedure (CPC) , 1908 - Sections 9; Orissa Court of Wards Act, 1947 - Sections 5, 10, 13, 14, 15, 16, 18 and 52(1); Evidence Act, 1872 - Sections 101 to 103 and 114; Tenancy Law; Orissa Tenancy Act, 1913 - Sections 65, 84 and 85; Orissa Board of Revenue Act, 1951 - Sections 3, 4, 4(2) and 5; Orissa Communal, Forest and Private Lands (Prohibition of Alienation) Act, 1948 - Sections 3

Reported in : AIR1953Ori121

the Bengal Land Registration Act (Act 7 of 1876); the Bengal Cess Act (Act 9 of 1880); the Estates Partition Act (Act 5 of 1897); and the Bengal Settled Estates Act (Act 3 of 1904). In-all these enactments 'estate' … in charge of the Wards Estate. The State Government by virtue of the powers conferred on it under Section 16, Orissa Court of Wards Act, 1947, issued notification No. 9876/R dated the 7th December 1951, in the … -- 'R. v. Manchester Legal Aid Committee', (1925) 1 All E R 480 (Y) a certificate granted under the Legal Aid Regulations to a trustee

Vasudeva Menon and Others Vs. M/S. K.J. Plantation

Court : Kerala

Subject : Land Acquisition

by document No.953/1978 executed by the above persons. According to the petitioner, M/s. K.J. Plantations consists of three estates that is Mount Rubi Estate, which is item No.1 in the E.P., Saphire Estate which is item No.2 … F. A. No.12/2010 is directed against the order in EA. No.38/09. The said Suit, OS.No.1/64 was one for partition. Following a preliminary decree, a final decree came to be passed. As per the final decree, the appellants … both the parties. A1 purports to be the lease of the year 1897. A2 is the copy of the agreement between the lessor and Anglo … v. V. Manickavasagam And Others (1974 (1) SCC 48). The said case arose under the Madras Cinema … efflux of time as per Section 111(g) of the Transfer of Property Act. The lease was not renewed and they have relinquished their leasehold right

Chhotabhai Motibhai Vs. Dadabhai Narandas

Court : Mumbai

Subject : Civil

Reported in : AIR1935Bom54; (1934)36BOMLR738; 152Ind.Cas.715

next friend of the minor Kalidas, filed a suit against the father Motilal and the two mortgagees for partition and accounts of his share in the ancestral property on the ground that his father who was addicted … on in 1902. About a year after the mortgages were created, i.e., 1897, one Chaturbhai, a paternal uncle of the minor Kalidas' mother Kashi, wife … a personal benefit on Janardan without liability of accounting, that Mukund had no right to dictate that his estate, in which he had no interest after his death, shall receive only a fixed amount of income, and … for an account of the said mortgages under the Dekkhan Agriculturists' Relief Act, and that the mortgaged property be released from the mortgages and handed … during the pendency of a contested suit under Section 52 of the Transfer of Property Act.(3) The … 33 IndAp 128 : S.C. 22 Bom. I.A. 489. Virupakshappa v. Shidappa I.L.R.(1901) 26 Bom. 109 :

Mahomed Haji Abu Vs. Khatubai and ors.

Court : Mumbai

Subject : Family

Reported in : 51Ind.Cas.513

the summary of between thirty and forty Probate and Administration grants in Bombay in the matters of the estates of Halai Memons from 1857 to the date of this suit, all except three relate to Bombay residents … of the Nyayadhish of Bantwa or the Sorath Prant establish that the Hindu Law of succession, maintenance and partition is applied to Memons of Bantwa. In a Vasavad case between Memons it was decided by the Court … by the notice of the Bombay Government (Exhibit L) of the year 1897 described as a 'Public notice to the Memon community by the Government … 17 ; 4 P.L.W. 27 ; 34 M.L.J. 48 ; 22 C.W.N. 353 ; 23 M.L.T. 117 … though it does not accord with the rule of the Koran. The actual decision was limited to this that the custom pleaded, that females are … bean recognised and which are thus admissible under Section 13 of the Indian Evidence Act.27. In the

Sheo Prakash and anr. Vs. Ala-ud-dIn and ors.

Court : Allahabad

Subject : Land Acquisition

Reported in : 84Ind.Cas.599

The person who takes the security takes it subject to the rights of those other co-sharers to enforce partition and thereby to convert what was an undivided share of the whole into a defined portion held in … made by Moulvi Farid-ud-din and Munshi Shaikh Shams-ud-din on the 26th July 1897. This document is to be found in Part III of the printed … I am satisfied that according to their findings Sharf-ud-din had at least a 711/12 pies-share if the family estate be deemed to be sixteen annas. The plaintiff's Vakil in the oral pleadings printed at page 32 of … the entries made in the revenue registers bore no relation to the actual facts. Items of property recorded in the names of individual members of … share In the mortgaged properties. By virtue of Section 43 of the Transfer of Property Act the