Transfer of Property Act, 1882, Section 105 -- Lease - Document's nomenclature, text and context lead to only one conclusion that it was a lease for 99 years - Unilateral cancellation is illegal and it should be understood as having interfered with rights of plaintiff to remain in possession of suit property for 99 years - Suit for declaration of leasehold rights, recovery..........
Evidence Act, 1872, Section 102 -- Burden of proof - In a suit for declaration of title, recovery of possession and mandatory injunction, entire burden lies on plaintiff to prove his valid right and title and also title of his vendor...........
Specific Relief Act, 1963, Section 34, 39 -- Suit for declaration of title, recovery of possession and mandatory injunction - Advocate Commissioner visited the suit schedule property with Mandal Surveyor in the presence of both the parties and their counsels and Advocate Commissioner executed the warrant - Plaintiff not even identified his property in the presence of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff by way of amendment application want to change the entire nature of suit from recovery suit to one for mandatory injunction - Amendment if allowed at this stage would amount to a de novo trial which cannot be permitted in law - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for mandatory injunction - Amendment is for declaring title of plaintiff and for recovery of possession - Said proposed amendment does not introduce a new case - It only elaborates the circumstances which has to be established by sufficient evidence - There is no alteration in the nature, character..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Property under unlawful possession of defendant - Failure to seek declaration and recovery of possession is a legal hurdle in grant of any relief to a suitor - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Termination of licence - Suit for mandatory injunction lies with the only rider that suit is filed without any delay - If after termination of licence suit is not filed within three years then plaintiff has to file suit for recovery of possession...........
Court Fees Act, 1870, Section 7(i) -- Ad valorem Court fee - Plaintiff under the garb of suit for declaration with mandatory injunction, is seeking recovery of specified amount of Rs.15 lakhs as damages - It is thus, a suit for money - Ad valorem Court fee as per S.7(i) of the Act is payable according to amount claimed by plaintiff...........
Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for mandatory injunction - Plaintiff tried to camouflage the relief of specific performance as well as for recovery of fixed amount by treating it to be a suit for mandatory injunction - Court needs to be conscious of the relief sought by plaintiff - Order to pay ad valorem Court fee, upheld...........
Specific Relief Act, 1963, Section 39, 41(h) -- Suit for mandatory injunction - When efficacious remedy in the form of suit for recovery is available then filing of suit for mandatory injunction is hit by S.41(h) of Specific Relief Act...........
