Evidence Act, 1872, Section 101, 102, 103 -- Suit for declaration of title - Burden of proof - Entire burden in a suit for declaration of title is upon plaintiff - Once plaintiff fails to discharge said burden, howsoever bad is the defence of defendants, that will not come to the aid of plaintiff...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Suit properties were allegedly allotted to share of grandmother of plaintiff in a oral partition and she sold the suit properties in favour of plaintiff - However, if really grandmother of plaintiff was allotted such properties and she was in possession and enjoyment of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 58 -- Rejection of plaint - Suit for declaration - Suit covered under Art.58 of Limitation Act - Suit not filed within three years when right to sue first accrued - Plaint rightly rejected...........
Limitation Act, 1963, Article 109 -- Limitation - Suit for declaration that gift/settlement deed is null and void - Gift/settlement deed was executed by father of plaintiff in favour of defendant No.2 and defendant No.2 has taken possession of property on 22.3.1980 when gift/settlement deed was registered - Period of 12 years as prescribed u/art 109 of the Act is..........
Evidence Act, 1872, Section 112 -- DNA test - Suit for declaration as to co-sharer - Matters needs to be decided by way of judicial determination and cannot revolve around DNA test - Court is only to adjudicate on claim over property and has nothing is relevant for determining parentage of children - More so, it is by means of evidence, documentary and otherwise, which..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and injunction - Plaintiffs vaguely averred that their father was owner and after his demise they inherited property - Original documents under which they are claiming title were never produced on record and only photocopies were produced - Even said photocopies of documents are not duly proved to..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopies of grant and sale deed - Suit for declaration of title and injunction - Plaintiff produced on record photocopies of grant and sale deed - Though no permission to lead secondary evidence may be required and a party is entitled to make out grounds u/s 65 of Evidence Act to lead secondary evidence - No ground..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, specific performance, possession and for permanent injunction - Suit property in respect of which plaintiff and defendant no.1 had made agreement is different property and not property as claimed by defendant Nos.12 & 13 - There is no necessity of giving any further explanation as..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Simpliciter suit for permanent injunction is not maintainable without bringing any suit for declaration or partition, where parties are co-sharers and plaintiff is not having absolute ownership over suit land...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Suit property could not be identified by Commissioner or surveyor - In absence of a clear identification of suit property, suit for declaration and injunction rightly dismissed...........
