AI Overview...
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Plaintiff as a Cosharer - Multiple sources confirm that the plaintiff is generally recognized as a cosharer in the property or village in question. For instance, MST. SILI SILIA ORAMIN VS JOSEPH ORAM - Orissa states that the plaintiff claimed title by adverse possession to a share of Defendant 2, indicating a cosharer status. Similarly, Mohammad Asgar Ali VS Narayan Mohapatra - Orissa discusses a cosharer filing suit for ejectment, implying the plaintiff's role as a co-owner or cosharer. Tanwangini Debi VS Abhoya Charan Sardar - Calcutta describes cosharer landlords bringing a rent suit, reinforcing the plaintiff's cosharer position.
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Legal Rights and Proceedings of Cosharers - Several sources highlight that cosharers have specific rights, such as the entitlement to profits or accounts (MISHRILAL VS NATHU - Madhya Pradesh) and the ability to maintain suits for ejectment (Mohammad Asgar Ali VS Narayan Mohapatra - Orissa). The law recognizes that a cosharer can sue for partition (Raghubir Singh VS Raghuraj Singh - Patna) and that a decree obtained by a cosharer in rent or ejectment suits generally benefits all cosharers unless barred by res judicata or procedural issues (UDAYANARAYAN PATI VS RADHASHYAM MANGARAJ MAHAPATRA - Orissa, Subhash alias Nanhu VS Surat Singh (dead) through LRs. - Punjab and Haryana).
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Key Issues and Legal Insights - The main question is whether the plaintiff, as a cosharer, can enforce rights such as ejectment or partition against others, including trespassers or adverse claimants. The sources clarify that a cosharer has the standing to sue for possession and profits, and decrees in such suits typically benefit all cosharers (Mohammad Asgar Ali VS Narayan Mohapatra - Orissa, UDAYANARAYAN PATI VS RADHASHYAM MANGARAJ MAHAPATRA - Orissa, MISHRILAL VS NATHU - Madhya Pradesh).
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Conclusion - Based on the provided sources, the plaintiff is confirmed to be a cosharer with recognized rights to property, profits, and the ability to initiate suits like ejectment or partition. The legal framework supports that a cosharer can maintain such suits and benefit from decrees, subject to procedural and substantive law considerations.
References: - Tulsi Ram VS Mulkh Raj - Jammu and Kashmir - MST. SILI SILIA ORAMIN VS JOSEPH ORAM - Orissa - Tanwangini Debi VS Abhoya Charan Sardar - Calcutta - Jogendra Nath Karon VS Nistarini Dasi - Calcutta - MISHRILAL VS NATHU - Madhya Pradesh - Mohammad Asgar Ali VS Narayan Mohapatra - Orissa - UDAYANARAYAN PATI VS RADHASHYAM MANGARAJ MAHAPATRA - Orissa - DAGULAL TILOKCHAND GANYRADE VS RAMESHWAR RAMKARAN - Nagpur - Raghubir Singh VS Raghuraj Singh - Patna - Subhash alias Nanhu VS Surat Singh (dead) through LRs. - Punjab and Haryana
Search Results for "Whether Plaintiff is a Cosharer or Not"
1975 0 Supreme(J&K) 18 • India - Jammu and Kashmir
JASWANT SINGH, D.D.THAKUR
fact whether the suit has resulted in a decree in favor of the plaintiff or has been dismissed. ... Whether the vendee can improve his position after the date of sale so as to defeat the right of prior purchase of the plaintiff. ... The occasion to consider whether the plaintiff holds a right equal to or better than the defendant vendee must arise at the time ... The principal issue therefore which arose out of the pleadings of the parties on the question of right of prior purchase aga....
1963 0 Supreme(Ori) 153 • India - Orissa
MISRA
Issues: Whether the appeal filed by Defendants 1, 3 and 4 was competent, where Defendant No. 2, whose interest was adversely ... The Plaintiff claimed title by adverse possession to the half share of Defendant No. 2 in Kha schedule lands. ... Fact of the Case: Plaintiff filed a suit for declaration of title and recovery of possession of Ga schedule lands, ... The question of one cosharers representing another cosharer, either as Plaintiff or Defendant, does not ari....
1929 0 Supreme(Cal) 97 • India - Calcutta
RANKIN, B. B. GHOSE
Fact of the Case: The plaintiffs, 12 annas cosharer landlords, brought a suit for rent based on the terms of a kabuliat ... cosharer landlords - Bengal Tenancy Act - 148-A - Summary: The court considered the effect of a previous judgment under Section ... The court held that the judgment in the previous suit did not operate as a fresh assessment of rent between the 12 annas cosharers ... The section is intended to deal with cases, in particular, where the plaintiff cannot find out #H....
1939 0 Supreme(Cal) 20 • India - Calcutta
NASIM ALI
between the cosharer landlords, and the plaintiff obtained a decree for rent in respect of the disputed land only against the defendant ... Issues: The main issue was whether the defendant's defense of partial ejectment was valid, and whether the lower Appellate ... of landlord and tenant between the plaintiff and the defendant in respect of the other portions of the original holding. ... the other cosharer landlords. ... In fact it is clear from the evidence in this case that the ori....
1998 0 Supreme(MP) 24 • India - Madhya Pradesh
N.K.JAIN
governed by Order 20 Rule 12 CPC, but by Order 20 Rule 18 CPC. (6) A plaintiff cosharer is entitled to profits or rendition of accounts ... governed by Order 20 Rule 12 CPC, but by Order 20 Rule 18 CPC. (6) A plaintiff cosharer is entitled to profits or rendition of accounts ... (2) Whether Mulibai, even being not a lawfully wedded wife of Balramji, was equally entitled to a share in the partition? ... In a suit for partition the plaintiff cosharer i....
1957 0 Supreme(Ori) 78 • India - Orissa
S.P.MOHAPATRA, P.V.B.RAO
Whether a cosharer can maintain a suit in ejectment as against trespassers? 2. ... Fact of the Case: Plaintiff, a cosharer, filed a suit for ejectment against defendants 1 to 7, alleging that they were ... Whether the decree in such a suit enures to the benefit of all cosharers? Ratio Decidendi: 1. ... Mohanty, the learned counsel for the respondents, we propose to deal with this position of law as to whether the plaintiff being a coshare....
1949 0 Supreme(Ori) 11 • India - Orissa
RAY, PANIGRAHI
Issues: The crucial issue was whether the execution of the rent decree by the plaintiff, as an auction purchaser, adhered ... Fact of the Case: The plaintiff, a cosharer landlord, obtained a rent decree and executed it as an auction purchaser ... provisions of Section 212, as one cosharer landlord was not served with notice, rendering the execution invalid. ... As to whether the result is the one or the other would depend upon whether the sale is ....
1943 0 Supreme(Nagpur) 146 • India - Nagpur
BOSE
village, and whether the sale certificate and village papers confer title to the plaintiff. ... The crucial question is whether the plaintiff had any title to a share in the village, derived through Mumtaz Hussain's purchase ... Issues: The key issue is whether the plaintiff has the right to sue for village profits based on his claimed share in the ... He is the lambardar and the plaintiff, who claims to be a 0-1-8 sharer in the village, sues him for his share of the....
1994 0 Supreme(Pat) 406 • India - Patna
NARAYAN ROY
Fact of the Case: The plaintiff claimed right in a partition suit by way of succession, alleging that one of the cosharers ... Issues: The issue was whether the lower court erred in directing the defendants to lead evidence first in the partition suit ... claimed their right through a deed of gift executed in favor of the wife of defendant No.1 and another deed of gift executed by the cosharer ... In this case, it appears that the plaintiff is claiming right in the suit for partition by way of succes....
2014 0 Supreme(P&H) 347 • India - Punjab and Haryana
PARAMJEET SINGH
Whether the possession of defendant No.1 is that of cosharer? If so, to what extent? ... 11. Whether the suit is bad for non-joinder of the necessary parties? ... 12. ... Whether the suit is barred by the principles of res judicata? ... 8. Whether the plaintiff has waived his right as alleged? ... 9. Whether the plaintiff is estopped from filing the present suit? ... Whether the plaintiff has become the owner o....
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