Civil Procedure Code, 1908, Section 33 -- Judgment and decree - Once Courts have conclusively determined the rights of parties in respect of suit property, it is imperative that a decree must follow the judgment...........
Agreement to sell -- Specific performance - Compensation in lieu of decree for specific performance - Suit property acquired before final decree could be passed - Plaintiff will be deemed to be in shoes of defendant and therefore shall be entitled to entire compensation, determined and awarded under provisions of Land Acquisition Act together with interest and solatium -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Plaintiff by way of application U.O.41.R.27 CPC prays for permission to produce on record a report made by a Patwari to prove that plaintiff is in possession of suit property along with a copy of lay out plan - Mere report does not prove possession - Said report even not per se..........
Hindu Minority and Guardianship Act, 1956, Section 8(4) -- Sale of minor's property by mother - Legal necessity of minor does not include necessity of guardian or any other person even in the face of COVID-19 pandemic...........
Hindu Minority and Guardianship Act, 1956, Section 8(2)(a), 8(4) -- Sale of minor's property by mother - Permissibility - Mother seeking permission to sell property of minor not for his legal necessity or benefit of estate, but to tide over financial crisis faced by her and her husband - It is duty and responsibility of parents to take care of minor including his education..........
Suits and execution proceedings -- All Courts dealing with suits and execution proceedings shall mandatorily follow directions viz: (i) In suits relating to delivery of possession, Court must examine parties to suit U.O.10 CPC in relation to third party interest and further exercise the power U.O.11.R.14 CPC asking parties to disclose and produce documents, upon oath,..........
Possession -- When it becomes necessary for Trial Court to determine what is status of property and when possession is not disputed, who and in what part of suit property is in possession other than defendant, thus, Court may take recourse to following actions: (i) Issue commission under O.26.R.9 CPC: A determination through commission, upon institution of a suit shall..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Both the parties claiming title of suit properties - However, property in respect of which defendant claims title is totally different from properties in respect of which suit has been instituted - Trial Court after considering evidence held that dispute between parties..........
Registered deed -- Unilateral cancellation of registered deed - Once a registered deed is executed in favour of a party, original owner is divested of title to property - Executant cannot take a U turn and subsequently cancel the same unilaterally - If executant is aggrieved, only remedy available for him/her is to approach competent civil Court by way of a suit seeking..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from interfering with plaintiffs right to construct a compound wall as per Partition deed - Defendants neither disputed partition deed nor established their right to claim adverse possession to prevent plaintiffs to exercise their right available to them under partition deed - Plaintiffs..........
