Specific Relief Act, 1963, Section 16(c), Evidence Act, 1872, Section 114 -- Suit for specific performance - Plaintiff himself not appearing as a witness - Absence of any valid explanation - Court can draw an adverse inference against him - Evidence on record not sufficient to prove that the plaintiff was always ready and willing to perform his part of the contract - No..........
Civil Procedure Code, 1908, Order 11, Rule 14, 21 -- Suit cannot be dismissed for non compliance of the directions of O.11 R.14 CPC - At best Court can draw adverse inference because of non production of documents...........
Limitation Act, 1963, Article 65 -- Adverse possession - Permissive possession however long cannot by itself be said to have become hostile by a long lapse of time...........
Civil Procedure Code, 1908, Section 148 -- A - Lodging of caveat - Intention - The purpose and intend of introducing S.148 - A in the Code for a caveat by authorising a party to intimate to the Court of his intention to have notice of an intended application by the adverse party so that ex parte order on an application may not be obtained by an adverse party without such..........
Limitation Act, 1963, Article 65 -- Period of 12 years - The period begins to run when the possession of the defendant becomes adverse to the plaintiff...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Paintlff not afforded an opportunity to prove loss of document - Adverse inference drawn from the fact that affidavit of persons who made search was not filed - Documents certainly relevant to the point in issue order disallowing production by way of secondary evidence set aside...........
Adverse possession -- Long possession without payment of rent -Encroachment and possession of more than 20 years admitted and possession being actual, exclusive, and peaceful for such period, ingredients of adverse possession are established. (Limitation Act, 1963, Art. 65)...........
Adverse possession -- person claiming title to property by adverse possession must definitely allege and prove as to how and when the adverse possession commenced and what was the nature of his possession and whether the fact of his adverse possession was known to the real owner - Uninterrupted possession for several years is not enough.(Limitation Act, 1963, Art.65)...........
Civil Procedure Code, 1908, Section 11, 96 -- Suit of plaintiff decreed in its entirety but findings on certain issues answered against him - Appeal by plaintiff is not maintainable against such adverse findings - Such findings do not operate as res judicata...........
Adverse possession -- Wakf property - Law of adverse possession also applies to Wakf property - Construction raised on the land - Suit filed by Wakf Board for possession after 17 years - Suit dismissed. (Limitation Act, 1963, Art.65)..........
