Agreement to sell -- Validity - Earnest money of Rs.3,90,000 was allegedly paid by plaintiff to defendant in the presence of typist - However, said typist was never produced by plaintiff to prove authenticity or genuineness of agreement to sell - Out of two attesting witness, one deposed on oath in favour of defendant - Agreement to sell is doubtful - Suit rightly..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, joint possession and permanent injunction - Plaintiff himself levels allegations against defendants that they played fraud and documents in question through which they have succeeded their rights in property are obtained by playing fraud and same are illegal, null and void - Burden is upon..........
Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 65 -- Secondary evidence in rebuttal - Onus to prove the assertion sought to be proved by way of rebuttal evidence was on plaintiff - Plaintiff cannot be allowed to lead evidence by way of secondary evidence in rebuttal, where onus was upon plaintiff to prove that issue...........
Adverse possession -- Proof of long standing unauthorized possession can only be a relevant trait for consideration of plea for acquisition of title by adverse possession but cannot be sole criteria - In case of failure to prove adverse possession, any other form of possession howsoever, long, cannot be held sufficient to non-suit plaintiff in his prayer for possession of..........
Partition suit -- Plea of oral partition - Defendant pleaded that there was oral partition between parties and plaintiff has lost his right in the properties allegedly allotted to defendant in oral partition by ouster - However, defendant neither raised necessary pleadings nor adduced any evidence in this regard - Defendant thus, miserably failed to prove oral partition..........
Agreement to sell -- Specific performance - Readiness and willingness - Mere self serving statement of income without proof of financial resources is not sufficient to prove that plaintiff was ready and willing to perform his part of contract...........
Partition suit -- Joint Family Property - Defendants specifically discharged their burden by oral and documentary evidence that items of Scheduled II are not joint family properties and that items of Scheduled III are not at all presented by parents of plaintiff - Burden heavily shifts on plaintiffs who approached Court seeking partition of properties claiming to be joint..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from selling properties allegedly bequeathed to him by father of defendants through unregistered Will - Finding on prima facie case recorded by trial Court while allowing application is not supported by any material on record - Trial Court has put negative burden upon defendant..........
Hindu Law -- Joint Family Property - Alienation by Karta - Legal necessity - Alienees have pleaded legal necessity - Therefore, it is for alienees to prove legal necessity - Alienations were for medical expenses of senior male member of family and thereafter for building the house and family maintenance - Sale deed executed in favour of alienees is valid and prove legal..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has made no attempt to raise funds to pay remaining portion of sale consideration within the period of agreement - Even, at the time of filing suit or after filing of suit, no attempt was made by plaintiff to show that he has capacity to pay balance sale consideration and to get sale deed..........
