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 11, Rule 1 -- Interrogatories - Interrogatories may not be allowed in following cases : (i) A party is not entitled to administer interrogatories for obtaining discovery of facts which constitute exclusively evidence of his adversary's case or title; (ii) A party is not entitled to interrogate as to any confidential communications between..........
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..........
Mutation -- Question of title cannot be decided in mutation proceedings - Remedy for resolving title dispute is to file a regular suit in a competent Court...........
Mutation -- Mutation of name in revenue records - It is done for fiscal purposes i.e. for collection of land revenue - Mutation neither creates nor extinguishes title...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Original written statement itself disputed the title of plaintiff over suit property - Specific averment in written statement that plaintiff ought to have asked for a declaration cannot be said to be something that amounted to new defence or debarring plaintiff from the advantage of relying on..........
Mutation -- Mutation proceedings are summary in nature and they do not decide any right or title between parties, rather they are drawn only for fiscal purposes - Order passed in mutation proceedings are always subject to declaration of rights which may be sought by parties concerned by instituting a regular suit...........
Mutation -- Mutation of a property in revenue record does not create or extinguish title nor has it any presumptive value on title - It only enables person in whose favour mutation is ordered to pay land revenue - Mutation proceedings do not adjudicate rights of parties and orders passed in mutation proceedings are always subject to adjudication by competent Court...........
Specific Relief Act, 1963, Section 34, 31 -- Suit for declaration of title - Without seeking relief of cancellation of sale deed - Plaintiff not being executant of sale deed was not obligated to sue for its cancellation u/s 31 of the Act, as such an instrument would neither be likely to affect the title of plaintiff nor be binding on him - Suit is maintainable...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Title suit - Concurrent findings of trial Court as well as first appellate Court that plaintiff had right, title and interest over suit property - Findings of fact sans any perversity cannot be interfered with in second appellate stage - Suit rightly decreed - Second appeal dismissed...........
