Topic
A partition suit is not maintainable if plaintiffs lack actual or constructive possession and do not seek possession relief, the Delhi High Court ruled, placing the burden on challengers of registered documents to prove invalidity.
Madras High Court rules that a plaint in a partition suit cannot be dismissed under Order VII Rule 11 CPC merely for vague property description or insufficient court fees if the plaintiff establishes a cause of action and constructive possession. Such defects are triable issues, not grounds for outright rejection, reinforcing procedural fairness in property disputes.
Andhra Pradesh High Court upholds validity of registered gift deed under Mohammedan law, affirming constructive possession and barring new pleas in second appeal.