Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Proof of title - In the instant case, dispute is with regard to open land which plaintiffs claims to be owners in possession - Admittedly, plaintiffs have no documents of ownership of land as land falls within Lal Dora of village - Even, no..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Bar to jurisdiction - Admittedly, plaintiffs have no documents of ownership of land as land falls within Lal Dora of village - However, Gram Panchayat was able to prove that land was Shamlat Deh vesting in Gram Panchayat - Therefore, civil Court has..........
Civil Procedure Code, 1908, Order 11, Rule 14-- Production of documents - Stage of suit and burden on whom lies is immaterial while considering application U.O.11.R.14 CPC...........
Civil Procedure Code, 1908, Order 11, Rule 14-- Production of documents - Suit for declaration of title - Sanctioned plan to locate the plaint scheduled property in custody of defendant is sought by way of application U.O.11.R.14 CPC - Description of plan reflected in furtherance of plaintiff's suit claim - Once such is the case, it is just in..........
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration of title, injunction and possession - Entire case of plaintiffs based on ground that they are owner of suit property - Burden is upon plaintiffs to prove as to under what basis they have acquired their right, title and interest over suit properties - However, plaintiffs failed..........
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit for recovery - Leave to defend - Work contract between parties - Triable issues made out by defendant for the reason that there is prima facie acknowledgment of a representative of plaintiff acknowledging over payments to plaintiff - Prima facie allegations of fraud and connivance..........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6-- Judgment on admission - Suit for permanent injunction - Suit cannot be dismissed only on basis of stray admission of PW1, which never constitute an absolute admission exercising powers U.O.12.R.6 CPC, by ignoring documents produced to prove that they are in possession of suit schedule property as..........
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Suit for possession - Plea of ownership on the basis of registered sale deed - Execution and registration not controverted - However, there is plea of misrepresentation - Such defence is of no avail till sale and lease documents are declared null and void - The same cannot..........
Civil Procedure Code, 1908, Order 7, Rule 14-- Production of documents - Suit for partition and rendition of accounts - Copies of bank statements and cheques etc. relating to bank accounts of father and mother of parties are necessary and relevant for deciding the suit - These documents will definitely help Court to at least arrive at the..........
Agreement to sell-- Specific performance - Ready and willing - Plaint and documents on record shows that it was specifically pleaded that buyer was ready and willing to perform his part of contract - Even evidence of PW1 proves readiness and willingness on part of buyer, as buyer has taken prompt steps to file suit..........
