Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Suit for annulment of two sale deeds and a presumptive decree of possession - Trial Court held that none of the three plaintiffs are party in the impugned sale deeds - Need to pay ad valorem Court fee in regard to relief of declaration these deeds as null and void gets obviated - As regards..........
Benami Transactions (Prohibition) Act, 1988, Section 4(3)(a) -- Benami transaction - Plaintiff father proved that properties had been purchased with his funds in the name of his two minor sons having no source of income - He also proved that he had possession of property - Defendant/son admitted the suit averments - In these circumstances, elements necessary to establish..........
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 331 -- Jurisdiction of civil Court - Suit for permanent injunction and cancellation of sale deed - Plaintiff on the date of institution of civil suit was not recorded in revenue records rather defendant was recorded in revenue records - Civil suit for permanent..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, possession and damages - Plaintiff led no evidence to establish that he was throughout in possession since 1930 after resumption of grant by successor of defendant - First appellate Court and High Court have proceeded on assumptions and presumptions to hold in favour of State on the question..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Additional issue - Suit for declaration and possession - Defendant raising plea of adverse possession - Framing of additional issue with regard to adverse possession - Trial Court striking issue in that regard placing onus of proof upon defendant - Order upheld...........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Suit for declaration and possession - Plea of adverse possession by defendant - Unless defendant files counter claim, he will not be able to get a decree of declaration with regarding to their title based on adverse possession in a suit for declaration and possession filed by plaintiff...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file afresh suit - Suit for declaration and recovery of possession sought to be withdrawn and to file a fresh suit for declaration and perpetual injunction - Cause of action itself will change and nature of suit will also change - Order permitting plaintiff to withdraw suit and granting..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Suit for declaration, possession and permanent injunction is pending at the stage of recording of plaintiff's evidence - There is no dispute of demarcation of property in question - Prima facie filing of application U.O.26.R.9 CPC is an attempt by plaintiff to collect evidence which is not..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Case of plaintiff that oral partition took place between brothers - Plaintiff permitted his sister, defendant to cultivate property - Case of defendant that property was gifted to her by way of "Stridhana" - There were four female descendants to father of defendant - In such case, oral gift to..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Purchase of land by plaintiff through registered sale deed - Defendants neither filed counter claim, claiming title over suit property on basis of will nor produced material on record to disbelieve existence of sale deed executed in favour of plaintiff - Plaintiff in possession of suit..........
