Clarification on two distinct cause of action


First cause of action:

Relief of partition and separate possession in the suit schedule properties and other consequential reliefs of declaration and injunction on a ground that the suit schedule properties are joint family properties of her father and plaintiff and defendant’s constitute a Joint Hindu Undivided Family governed by the Hindu Mitakshara School of Law and that Joint Hindu Undivided Family is in joint possession and enjoyment of the suit schedule properties. Father constructed the residential house in the schedule property out of joint family income with the assistance of the family members and construct a house in the schedule property and manage the affairs of joint family property and looking after the schedule properties as Kartha thereof. After the death of her father on 3-1-1998 intestate plaintiff and her family continued in peaceful, joint possession and enjoyment of the schedule properties therefore Plaintiff as a co-parcener of the Joint family is entitled to 1/8th share in the Scheduled Properties.

Second cause of action:

Relief of partition and separate possession in the suit schedule properties and other consequential reliefs of declaration and injunction on a ground that the suit schedule properties are the self-acquired properties of her father. The father of the plaintiff has got converted the suit schedule properties and constructed the residential houses thereon out of the joint family income and with the assistance of the family members and managing the affair of the joint family as a kartha thereof. After the death of Muraharachari, the appellant and the Respondent 1 to 9 have succeeded to the suit schedule properties and continued in joint peaceful, lawful, joint possession and enjoyment of the same as co-owners thereof. Plaintiff as a co-owner is entitled to 1/8th share in the Scheduled Properties.

​​Question

1. In both of the cause of action plaintiff is asking for the separate partition and possession from family. Can amendment be allowed to change first cause of action to the second or both cause of action is too different and changing the basic nature of the suit and it can’t be allowed.  

Please note that in first cause it false under section 6 of Hindu Succession Act and daughter had no right in the property since father died before 2005 amendment act.

2.  If the land is bought by the self-earned money and the house is constructed with the joint family income then will it become joint family properties. There is also a rule if the partial help is taken from joint family then whatever the extent of contribution taken from joint family then the property is considered as joint family property.  ​

  

 
Reply   
 

as per supreme court opinion the court have to see that the first cause of action accures 

V E MANOJ KUMAR

ADVOCATE

CELL NO 8686159292


Total likes : 1 times

 
Reply   
 



Sir,

Thanks for your quick reply. that means cause of action can not be changed in this case. Can you please share the judgement.

Thnaks and Regards,

Sandeep

 
Reply   
 

Both the cause of actions are different to one another.

If one wants to amend the cause of action then the theme of the suit will be changed hence it may not be allowed to amend the cause of action.

 

You have yourself admitted that  changing the basic nature of suit through an amendment is not possible in law.


Total likes : 1 times

 
Reply   
 

send me your email - id

 

V E MANOJ KUMAR

ADVOCATE

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu