Limitation Act, 1963, Article 65, Evidence Act, 1872, Section 102 -- Adverse possession - Suit for declaration of title and recovery of possession - Burden of proof - Once plaintiff establish her title over suit property, burden will be shifted to defendant to prove adverse possession against plaintiff beyond the statutory period of limitation...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession - Plaintiff proved his title over suit property on the basis of registered gift deed - Defendant did not disputed the gift deed in favour of plaintiff - However, defendant alleges an oral sale deed before said gift deed in favour of plaintiff - Said oral sale deed not proved..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent injunction - Plaintiff prayed for declaration of right, title, interest of suit property, recovery of possession and permanent injunction - Trial Court declared the title of plaintiffs over suit property and granted permanent injunction - Prayer for recovery of possession refused as..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 20, Rule 19(1) -- Counter claim - Separate decree not required to be drawn if counter claim is decreed as counter claim is not required to be registered as a separate suit - Whenever a set-off or counter-claim is allowed, the decree shall state what amount is due to the plaintiff and what..........
Specific Relief Act, 1963, Section 6 -- Wrongfully dispossessed - Recovery of possession - Plaintiffs being registered owners of suit land presumed to be in possession of suit land - Burden is on defendants to prove their possession on suit land by adopting due process of law and not otherwise, which they failed to do so - Dispossession within six months prior to date of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - During pendency of appeal against eviction order application is filed for impleadment of respondent no. 5 (representing Government) on ground that suit land belongs to Government - If Government has any interest in suit property, it might have filed application during pendency of suit..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defence set up by defendant completely frivolous and moonshine as he does not raise any triable issue - Promissory note relied upon by plaintiff may not meet the requirement of a promissory note as defined in S.4 of Negotiable Instruments Act - However, same is undoubtedly an..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Suit of plaintiff decreed and liability of defendant stands established - There is every likelihood that defendant may evade execution of decree passed by Court, as previous conduct of defendant shows that even earlier he issued post dated cheques which were dishonoured and he was..........
Punjab Registration of Money Lenders Act, 1938, Section 3 -- Applicability of Act - Recovery suit - Where plaintiff is not a "money lender", and the amount advanced does not qualify as a "loan", Act has no applicability to the suit...........
Civil Procedure Code, 1908, Section 16 -- Jurisdiction of Court - Suit for recovery of immovable property or for determination of other right to, or interest in the immovable property shall be instituted in the Court within the local limits of whose jurisdiction the property is situate...........
