Back
DEVASHIS BARUAH
Md. Omar Ali Sikdar, S/o Late Nazimuddin Sikdar – Appellant
Versus
Md. Ajahar Ali, S/o-Md. Jahuruddin – Respondent
JUDGMENT :
Heard Mr. P.S. Deka, the learned senior counsel assisted by Mr.P. Bhattacharya, the learned counsel appearing on behalf of the Appellant. None appeared on behalf of the respondent on call.
2. This Court vide an order dated 16/2/2009 admitted the instant appeal on the following three substantial questions of law which read as under :-
2. Whether the finding of the learned lower appellate court mainly based on the finding of the trial court under issue No. 3 and 4 was just and proper against a decree passed for partition in exercise of power under Section 54 of the Code of Civil Procedure, 1908 ?
3. Whether both the courts below committed an error of law in declaring the share of the plaintiffs only without considering the other interest in property ?”
3. For the purpose of ascertaining as to whether the said substantial questions of law are involved in the inst
Point of Law : As it is seen that it is nobody’s case that suit in question is a suit coming within ambit of Order XX Rule 18(2) of Code and as such question of a preliminary decree does not arise at....
The court upheld the principle that ownership must be substantiated by clear evidence, particularly regarding property rights where prior decrees and potential collusion affect claims.
A preliminary decree can be passed in a suit for partition without first identifying the properties involved in the suit, and the identification of properties can be done subsequent to the declaratio....
The main legal point established in the judgment is that once a party agrees to the mode and manner of partition before the Commissioner, they cannot resile from the same.
The main legal point established is that the plaintiff's claim for partition and possession was within the subject matter of the suit, while the defendant's claims of ownership and leasehold rights o....
The court clarified the rights of the parties in the subject property and directed the appointment of a Local Commissioner to effectuate the preliminary decree for partition, in line with the provisi....
A party seeking partition must challenge the validity of prior transactions affecting the property and cannot seek partition of property that has been sold and is in the possession of third parties w....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
