Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration that plaintiffs are owners in possession of land and any change in revenue record by consolidation officer vide mutation on the basis of tenancy is illegal and null and void and not binding upon plaintiff - Consolidation Officer had jurisdiction to order correction in revenue..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit for declaration that sale deed is null and void and recovery of possession - To decide validity of sale deed and to decide title of plaintiff, physical features of property need not be noted down - Further, Advocate Commissioner is not entitled to give any finding with regard to..........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Non-executant, one who is not a party to document, cannot seek its cancellation but may instead pray for a declaration that such an instrument is null, void, or not binding upon him...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that mutation is illegal null and void - Plaintiffs had clearly disclosed that they had been contesting Will in mutation proceedings which culminated in the year 2017 - Suit was instituted within 3 years thereafter to declare mutation entry illegal - Thus, considering that mutation..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration that partition deed is null and void - Initial burden is on plaintiff to prove that partition deed is invalid and is liable to be declared as null and void - On discharge of initial burden by plaintiffs, onus shifts to defendants to prove validity of partition deed...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had never executed sale deed in first place as it was proved that it was not her thumb impression that was affixed therein - She had not received sale consideration - In such circumstances and in absence of sale consideration being tendered, sale..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had claimed relief of joint possession - Sale deed in question was void - Plaintiff could not be said to have executed sale deed - Therefore, plaintiff could indeed have maintained an action to obtain possession of property on the basis of her title..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that decree is illegal, null and void and not binding upon rights of plaintiff and same is liable to be set aside as decree is obtained on the basis of forged signatures - No family settlement was brought on record on the basis of which judgment and decree was passed - Once plaintiff had not signed the plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that Will, sale deed and gift deed is null and void - Plaintiff admittedly had knowledge of Will dated 08.08.1962 - Contention of plaintiff that cause of action accrued in 2023 is not true - In the year 2024 by way of suit, he wanted to challenge so called will..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that plaintiffs are owners in possession of 50% share of property and sale deed is null and void - Plaintiffs are neither executant of documents in question nor they are seeking possession of suit property, as they are already in joint possession - Therefore, there would be no requirement to..........
