Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 27 -- Plaint - Amendment at appellate stage - Suit for declaration of title and injunction - As plaintiff dispossessed during pendency of appeal as such relief of possession sought - Courts should try to avoid multiplicity of litigation - Amendment allowed - Appellate Court to invoke..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for perpetual injunction - Amendment sought to seek relief of declaration and recovery of possession - Held, when a suit is filed initially for perpetual injunction, subsequent application for amendment seeking to convert suit into one for declaration of title is not maintainable...........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- Co-owners - Suit for declaration of title and for recovery of possession - One of the plaintiffs died during pendency of suit and his L.R's not brought on record - Suit abates in its entirety as in case suit is decreed in favour of surviving co-owners, it will lead to conflict of judgments...........
Will -- Construction - Inconsistent clauses - Later prevails - In the earlier part of the Will testator created absolute title in his property to his wife and in the later part it was stated that after her wife's death, property passes to his son - Held, in such a document, last clause prevails - Will therefore be construed as giving life interest to wife and vested..........
Civil Procedure Code, 1908, Order 19, Rule 1 -- Partition suit - Petitioner impleaded at the time of passing of final decree claiming that his properties were included in the plaint schedule properties - Petitioner except stating that preliminary decree was obtained collusively not indicating as to how he is entitled to those properties - When asked to show prima facie..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Amendment sought seeking declaration of title also - If amendment is allowed defendant will not be prejudiced as question of title can be incidentally gone into in a suit for injunction - Delay in filing such application can be compensated by awarding costs to the..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Non payment of sale consideration - Title in property sold passes to vendee even if consideration mentioned in sale deed is not paid to vendor - Remedy of the vendor is to sue for recovery of unpaid sale consideration by claiming a charge on the property sold...........
Agreement to sell -- Suit for specific performance - Agreement executed by defendant to sell property owned by her and her son-in-law - Both plaintiff and defendant aware that defendant had title only to half share in the property - S.12 Specific Relief Act is not applicable to such a case - It applies only to cases where the parties to the agreement subsequently found..........
Clubbing of suits -- Parties in both the suits setting up title to the same land - Same cause of action - Parties same except Government also in one of the suits - If both suits are tried independently there is every likelihood of conflicting decisions - It is always safe for the Court to club both the suits. (Civil Procedure Code, 1908, S.151)...........
Record of rights -- Not a document of title - Court is entitled to draw a presumption from the entries therein that a certain person is the owner of the land in question - Presumption is rebuttable presumption - Specific evidence need not be adduced to rebut the said presumption - Presumption may stand rebutted from facts and circumstances of a case...........
