Limitation Act, 1963, Article 57, Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Limitation - Suit for declaration that adoption deed is null and void - Suit filed eight years after execution of adoption deed, is barred u/art 57 of Limitation Act - Suit rightly dismissed...........
Hindu Succession Act, 1956, Section 8 -- Property of Hindu male dying intestate - Deceased had died after coming into force of the Act - Legal heirs of deceased were co-sharers thus, had equal share in disputed land - One of co-sharers `K' had no power to execute Will of entire land except of his share and on account of Will, mutation entered in the name of `K' was void ab..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Concurrent findings on record that plaintiff failed to prove that he is owner of suit property - Even qua construction of shop there was no cogent evidence led by plaintiff - Even, plaintiff stated in his cross-examination that he had no information as to whether any..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of ownership - Plaintiff failed to prove that she was legally wedded wife of original owner - Succession certificate granted in favour of plaintiff was subsequently revoked - Plaintiff even failed to prove that she is class-I heir of original owner - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Suit for declaration and permanent injunction - Suit has been filed for benefit of all co-sharers, including two daughters of plaintiff as pleaded in plaint, plea of non-joinder of necessary parties, namely two daughters is not sustainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration - Plaintiffs not recorded Khatedars in respect of agricultural land - Unless plaintiff get their Khatedari rights declared by revenue Court, civil suit for declaration of sale deed as null and void is not maintainable - Plaint rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and injunction - Defendant Nos.1 to 8 had appeared before Trial Court, however were not diligent in prosecuting the case by not only in filing the written statement but also producing the relevant documents to substantiate their right over the property in question - Both the Courts below have..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit dismissed while allowing application U.O.7.R.11 CPC only on the ground that relief of declaring petitioner as an adopted son cannot be granted by revenue Court, as revenue Court has no jurisdiction to decide the issue of adoption - However, petitioner is ready to delete this relief prayer,..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff sought right over property on the basis of agreement of sale - Execution of sale agreement does not convey any right in respect of suit property unless execution of registered sale deed to be made in favour of plaintiff, where suit property is immovable property worth..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Proposed amendment is very much related to subject matter of suit property - In order to determine the real issue in controversy between parties, proposed amendment is required to be allowed since without particulars of measurement of encroached land of homestead property, it would..........
