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    <title>2009 (4) TMI 1043 - DELHI HIGH COURT</title>
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    <description>A preliminary decree for partition may be passed on admissions under Order 12 Rule 6 where co-ownership and equal shares are clear, unambiguous and even constructively admitted in pleadings, connected proceedings, or prior orders; on that basis, the Court granted partition relief. In a co-ownership dispute, possession of one co-owner is treated in law as possession of all unless ouster or exclusion is clearly proved, so the plaint was not liable to rejection and no additional court fee was directed. The court-fee objection was therefore rejected and further steps for division by metes and bounds were directed.</description>
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      <title>2009 (4) TMI 1043 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=297468</link>
      <description>A preliminary decree for partition may be passed on admissions under Order 12 Rule 6 where co-ownership and equal shares are clear, unambiguous and even constructively admitted in pleadings, connected proceedings, or prior orders; on that basis, the Court granted partition relief. In a co-ownership dispute, possession of one co-owner is treated in law as possession of all unless ouster or exclusion is clearly proved, so the plaint was not liable to rejection and no additional court fee was directed. The court-fee objection was therefore rejected and further steps for division by metes and bounds were directed.</description>
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