Co-sharers -- Exclusive Possession of Portion of Joint Property -- Entitled to raise construction over portion in exclusive possession
(i) Punjab Courts Act, 1918, S.41 -- Co-sharers -- Exclusive Possession of Portion of Joint Property -- A co-sharer in exclusive possession of a portion of joint property is entitled to raise constructions over that portion. (ii) Punjab Courts Act, 1918, S.41 -- Co-sharers -- Unregistered Memorandum of Partition Acted Upon -- Where an unregistered memorandum of partition has been acted upon and land has been sold pursuant to it, a plaintiff who fails to challenge such sale deeds for nearly twenty years cannot restrain constructions raised by defendants on portions acquired under those deeds -- An unregistered memorandum of partition does not effectuate formal severance, but defendants in exclusive possession of portions so acquired hold the status of co-sharers and are entitled to construct thereon. (iii) Punjab Courts Act, 1918, S.41 -- Second Appeal -- No Framing of Question of Law Required -- In Punjab and Haryana, second appeals lie under S.41 of the Punjab Courts Act, 1918 and not under S.100 CPC -- Unlike S.100 CPC, S.41 does not require framing of a question of law for entertaining a second appeal.
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