Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 104 -- Conferment of proprietary rights - Proprietary rights qua suit land exclusively conferred upon defendant No.1 u/s 104(3) of Act on basis of affidavit filed by plaintiff in which he admits that he was not tenant with defendant No.1 - However, said right was obtained on illegal order passed by authority..........
Specific Relief Act, 1963, Section 34 -- Suit claiming joint ownership on basis of natural succession - Inheritance never remains in abeyance - Plaintiffs deemed to be in possession of every inch of joint land - Plea of defendant that suit filed by plaintiffs is barred by limitation for their failure to challenge mutation within period of 3 years from date of its sanction,..........
Agreement to sell -- Specific performance - Non-compliance of condition as stipulated in agreement by defendant - Condition as agreed between parties to jointly demolish the property and reconstructing the same within a period of five years from the date of agreement - Possession of entire property was never handed over to plaintiff - More so, there is no indication that..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Reply to replication - Right of defendant to deal with the averments made in the replication can be addressed by granting an opportunity to the defendants to file an additional written statement - Considering the fact that two additional documents have been filed later and referred to in the replication, defendant is permitted..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Plea of no, identifiability of disputed property - Neither said plea was taken by defendant in his written statement nor before first appellate Court - Such plea cannot be raised by defendants directly in second appeal - As regarding plea of no, service of notice to defendant is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Courts below concurrently found that plaintiff proved his case but plea of defendant found to be incorrect and unacceptable - Questions regarding whether defendant willingly executed the registered agreement to sell and accepted advance amount and was ready and willing to perform his..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Apprehension that defendant will lease out the land - Held, mere leasing out does not amount to dispose of or removal of said property from the local jurisdiction of Court - No case made out for attachment of property - Petition dismissed...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Partition suit - Defendant No.3 stated that suit property was purchased by him in the name of his mother as trustee, not put forth in pleading - Defence of defendant No.3 does not fall within exception of S.4(3)(b) of Benami Act and thus, barred by law under said Act - Once defence is barred by law,..........
Partition suit -- Joint Hindu Family property - Plea of limitation - Where properties were joint Hindu Family properties and defendant No.3 claiming some share in the properties on the basis of adoption, which is void, he could not defend the matter by saying that suit was not within limitation from the date of adoption - Suit, held, not barred by limitation...........
Partition suit -- Joint Hindu Family property - Defendants contended that partition of suit property was already affected and defendant No.3 has a share on the basis of adoption by plaintiff No.1 - However, said adoption deed is void - Even said partition as alleged by defendants is also not proved on record - On the contrary plaintiff proved on record their share in suit..........
