Adverse possession -- Suit for declaration claiming ownership on the basis of adverse possession - Suit is not maintainable, as plea of adverse possession is available only as a defence - It cannot be used as a sword...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Parties to earlier suit for declaration and subsequent suit for possession same - Subject matter and relief claimed in both the suits entirely different - Even matter in issue directly and substantially in both the suits is not same - Provision of S.10 CPC not applicable to suits filed by parties -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order to pay ad valorem court fee - Suit for specific performance filed though merely because of jugglery of words a decree of declaration sought - For all intents and purposes decree for specific performance of agreement of sale was sought - Order directing plaintiff to pay ad valorem court fee, upheld...........
Mahomedan Law -- Will - Probate - Probate Case with respect to Will of a deceased Mahomedan is not maintainable as provisions of Succession Act pertaining to testamentary succession does not apply to Mahomedans - However, at the request of petitioner and other heirs of tetastor probate petition is converted into a suit for declaration, as heading of the case should not..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death by burning - Dying declaration not proved on record - Presence of accused at the place of occurrence also not proved as he had gone for work - Accused was not absconding and in fact I.O himself stated that accused appeared and identified himself - I.O accepted that he failed to conduct inquires and investigate the..........
Limitation Act, 1963, Article 65, Evidence Act, 1872, Section 102 -- Adverse possession - Suit for declaration of title and recovery of possession - Burden of proof - Once plaintiff establish her title over suit property, burden will be shifted to defendant to prove adverse possession against plaintiff beyond the statutory period of limitation...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession - Plaintiff proved his title over suit property on the basis of registered gift deed - Defendant did not disputed the gift deed in favour of plaintiff - However, defendant alleges an oral sale deed before said gift deed in favour of plaintiff - Said oral sale deed not proved..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent injunction - Plaintiff prayed for declaration of right, title, interest of suit property, recovery of possession and permanent injunction - Trial Court declared the title of plaintiffs over suit property and granted permanent injunction - Prayer for recovery of possession refused as..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section 151, Order 22, Rule 10 -- Impleading a party - Suit for declaration - Real dispute in suit is about inheritance to the estate left by deceased - Respondents No.1 to 5 being natural heirs of deceased were necessary and proper parties to suit - Presence of respondents was necessary for..........
Evidence Act, 1872, Section 32 -- Multiple dying declarations - If there are more than one dying declarations and there are inconsistencies between them, then dying declaration recorded by higher officer like Magistrate can be relied upon as the same would stand on a much higher footing than the declaration recorded by officer of lower rank...........
