Partition suit -- Co-sharers - Defendant and plaintiff are real brother and sister and property was purchased in joint names of parties - Execution of sale deeds in joint name itself has been admitted by defendant - Defendant was in actual possession of suit property - However, merely because plaintiff was residing separately does not mean that she has no right over suit..........
Partition suit -- Co-sharers - Execution of sale deeds in joint name of both plaintiff and defendant itself has been admitted by defendant - However, defendant has taken two contradictory pleas i.e. one that he is in exclusive owner in possession of suit property and the other, that he has become owner of suit property on basis of adverse possession - Plea of adverse..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Additional/alternate prayer - Suit for declaration of ownership - Amendment sought to incorporate prayer of joint possession in the alternate - Said amendment is necessarily required to be allowed - Petitioner should be permitted to make an additional/alternate prayer, as the case of petitioner should..........
Specific Relief Act, 1963, Section 31 -- Suit for cancellation of sale deed - Without claiming relief of possession - Non-suiting plaintiff on the ground that relief of possession was not claimed, though it was neither factual nor a legal necessity, would be wholly unjust and unfair to a plaintiff who succeeded to establish title in his favour arising out of cancellation..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is null and void - Where a person is challenging sale deed and is not a executant of sale deed and is not seeking possession, then he is not required to pay ad valorem Court fee ...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Parties directed to maintain status quo on spot viz. possession - Such order does not put any fetters upon parties to raise construction on the suit property - There is no need for any party to seek permission of Court for raising construction over portion of suit property which was in their possession -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of ownership - Amendment sought to incorporate alternative relief of possession - Plaintiff was never in possession of suit property as per findings of trial Court - He had claimed ownership on basis of sale deed executed by one `S' - However, ownership of said `S' over suit property..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance, cancellation of sale deed executed by owner in favour of Respondent No.2 and suit for permanent injunction - Plaintiff ready and willing to make the balance payment and getting sale deed executed in his favour - Prima facie case is in favour of plaintiff - Plaintiff..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Documents on record shows existence of vegetable shop on road margin from 1979 onwards and it is in possession of plaintiff - Case of plaintiff does not rest only on evidence of DW2 who corroborated the evidence of plaintiff - Evidence of plaintiff, defendant and advocate commissioner's report in detail with..........
Partition suit -- Partition suit and declaration of sale deed as null and void - Plaintiffs failed to establish that they are legal heirs of original pattedar - They have also miserably failed to produce cogent material to show their continuous possessions vis-a-vis possession of suit property by defendants - Defendants on the other hand have been able to show that sale..........
