Civil Procedure Code, 1908, Section 24 -- Transfer of case - Inter State transfer - Power u/s 24 CPC can be exercised by High Court even for inter State transfer of a suit, appeal or other proceeding, if it is the common High Court for two or more States u/art 231 of Constitution and both the Civil Courts (transferor and transferee) are subordinate to it...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Merely because a particular evidence which ought to have been adduced but had not been adduced, Appellate Court cannot remand the suit...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Barred by S.257 of Chhattisgarh Land Revenue Code - Question whether purchase by a tribal was a sham and nominal transaction for benefit of a non-tribal, may not fall exclusively within jurisdiction of authorities - Civil suit for declaration of title is not barred...........
Evidence Act, 1872, Section 115 -- Principle of acquiescence - Mere delay in instituting the suit especially when it was filed well within period of limitation prescribed, should not have been held as amounting to acquiescence...........
Evidence Act, 1872, Section 115 -- Principle of acquiescence or estoppel - Suit for recovery of possession - Concurrent findings on record that defendant was encroacher and objection was raised by plaintiff against construction - Plaintiff should not have shut out by rule of acquiescence or estoppel for having made a representation to make defendant to believe that she had..........
Suit for recovery of possession -- Encroachment - Mere fact that after making objection plaintiff took some reasonable time to approach Court for recovery of possession cannot be a reason to deny him relief of recovery of possession of encroached land on his establishing his title over it - Suit rightly decreed...........
Agreement to sell -- Specific performance - Agreement to sell agricultural land to a non agriculturist in H.P. - Essential condition of agreement was to get requisite permission of State Govt. - Purchaser failed to get requisite permission of State Govt. and he assigned his rights to plaintiff who in turn filed suit for specific performance - Assignment not valid as there..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - For remand, a specific case is to be made as per O.41.Rr.23, 23-A, 25 CPC - Mechanical remand of suit is wholly impermissible...........
Possession -- Decree of possession cannot be passed in favour of plaintiff on the ground that defendants have not been able to fully establish their right, title and interest in suit property - Defendants being in possession would be entitled to protect and save their possession, unless person who seeks to dispossess them has a better legal right in the form of ownership..........
Evidence Act, 1872, Section 101 -- Burden of proof - Suit for declaration of title and recovery of possession - Burden of proof to establish a title in the suit lies upon plaintiff, as this burden lies on party who asserts existence of a particular state of things on basis of which she claims relief...........
