Registration Act, 1908, Section 17, 49 -- Family settlement - Unregistered written Panchayat resolution regarding family settlement - Can be used as a piece of evidence explaining settlement arrived at and the conduct of parties in receiving the money from defendant in lieu of relinquishing their interest in the suit property...........
Civil Procedure Code, 1908, Section 16, 20 -- Suit for recovery of money - Jurisdiction - Place where cause of action arises, shall be place of filing of suit and the same is to be dealt by Courts having local jurisdiction - In present case, cause of action arose in Kumbakonam and Karaikudi, therefore, Madras Court has no jurisdiction to entrain the suit...........
Hindu Law -- Sale for legal necessity - Recovery of possession - A Hindu widow sold suit property as she was unable to cultivate land personally and land was not giving sufficient income - More so, she wanted to repay the loan and to use the remaining money for family expenses and maintenance - Legal necessity proved - Plaintiff not entitled to relief - Suit dismissed...........
Agreement to sell -- Specific performance - Refund of advance amount - Enhancement of value of real estate and decline in value of currency - Relief of refund of money, as directed by First Appellate Court, enhanced with certain conditions - Amount of Rs.15,000/- enhanced to Rs.15,00,000/- payable with interest and in case of failure to pay this amount within three months,..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Money suit - Claim of share of rent by co-owner - Entitlement to part of rent by virtue of having 2/3rd share of plaintiff in suit property, is admitted by defendant himself - Said admission operates as an estoppel against defendant and he cannot be allowed to resile for it - Even tenant also admitted..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Money suit - Claim of share of rent by co-owner - Contention of defendant that Appellate Court cannot have impliedly declared title in money suit, has no basis in the face of admission made by defendant himself as regards entitlement of plaintiff to the extent of 2/3rd share of suit property -..........
Money suit -- Contract for work - Work order entrusted to plaintiff by defendant - Though invoices for payment were raised against company and not against defendants but defendants were related to said company - Legal notice was also sent to defendant but no reply was given - Defendant held, liable to pay the amounts mentioned in said invoices - Suit rightly decreed in..........
Civil Procedure Code, 1908, Section 34 -- Money suit - Interest - There is no agreement between parties - Plaintiff not entitled to interest prior to date of suit - Rate of 18% p.a from the date of petition till its realization is on higher side - Interest reduced to 9% p.a...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Defendant failed to explain away its admission about its liability to refund the advance money to plaintiff - Even no issue is raised by defendant in the suit - Decree on admission rightly passed by trial Court...........
Suits Valuation Act, 1887 -- Entries in books of accounts - As per evidence on record, account books signed by defendants in token of receipt of amount - Even, DW1 admitted in his cross examination that his father used to sell agricultural crop at shop of plaintiffs and they were having money dealings with plaintiffs - Moreover, as per report of expert witness, disputed..........
