Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiff claiming title on the basis of sale deed in his favour - Title of plaintiff by virtue of registered sale deed not denied by its vendors who are also party to suit - Defendant being tenant, cannot deny title of plaintiff - Tenant cannot enter into shoes of vendor and contest the matter on the..........
Adverse possession -- Suit for declaration of title and recovery of possession - Defendant by pleading oral sale from plaintiff's father, admitted the title of plaintiff's father - Concurrent findings on record that defendant neither entitled to title nor proved adverse possession - Plaintiff on the other hand proved title based on documents which are admitted by Courts..........
Partition suit -- Co-sharers - Plea of ouster - Defendant intended to exclude only plaintiff from suit property by plea of ouster - However, other co-owners do not dispute title of plaintiff - Moreover, defendant curiously does set up exclusive title in himself as he is claiming 1/4th share thereby admitting title of other co-owners - Even, defendant was in possession of..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of Local Commissioner - Court cannot be used as a tool for collecting evidences, especially when plaintiff has failed to bring on record any title document as to how property in question was ancestral - Plaintiff cannot be allowed to fulfill the deficiency of his case by appointment of Commissioner so..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Plaintiff is relying upon further proceedings in Lok Adalat for claiming right and title over some of properties - However, award of Lok Adalat has not been mentioned in the plaint - Lok Adalat award, held, cannot be taken into consideration while dealing an application U.O.7.R.11 CPC -..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration of title - Cause of action lastly arose in 1997 and suit was filed in 2001 - Suit of present nature has to be filed within 12 years in terms of Art.65 of the Act - Even, if it is seen that plaintiff had got knowledge of construction of wall in the year 1990, then also period of limitation for institution..........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - Suit for declaration of title - Decree for specific performance obtained by plaintiff in earlier suit behind the back of a bona fide purchaser, as transaction had taken place prior to institution of suit for specific performance - Plaintiff had knowledge of transaction with respect to suit land between third..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Defendant filed a civil suit in the year 1999 against mother of plaintiff and elder brother of deceased father of plaintiff - Said suit was decreed in favour of defendants and attained finality - Plaintiffs in subsequent suit are certainly litigating under same title that of..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Unregistered document to prove title - The purpose for which document is relied upon is not for collateral purpose but to prove the transaction on the basis of which plaintiff tries to establish his title - Rejection of application calls for no interference...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Suit for declaration of title and permanent injunction - No formal defect found in the suit - Plea of plaintiff that his predecessors in title had exchanged their properties in lieu of suit properties - However, when plaintiff knows that he filed application at fag end of trial, he should have given..........
