Transfer of Property Act, 1882, Section 109 -- Eviction suit - Transfer of property by original landlord to transferee during pendency of suit - Specific averment made in sale deed that eviction suit is pending before SCC Court and authority is given to transferee to contest the suit - There is no dispute that it also includes right to recover rent - Transferee therefore,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of LRs of transferee - Eviction suit - Interest has devolved in favour of transferee after execution of sale deed by original landlord - Sale deed is having specific averment about pendency of SCC suit for arrears of rent and eviction - Since during pendency of suit proceedings, transferee died, his LRs were..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff was continuously appearing in suit right from its beginning except on the date when suit was dismissed in default - He could not appear on the relevant date owing to his illness - Plaintiff thus, succeeded to establish sufficient cause for his non-appearance from attending..........
Will -- Execution - Attesting witnesses and scribe of Will expired - Provision of S.69 of Evidence Act is attracted - Testimony of DW4 and DW7 clearly proves that Will was executed as it finds mention and recorded in Register of scribe - Appellant has failed to demonstrate any suspicious circumstances to surround the Will or counter the testimony of DW4 or DW7 with regard..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of site plan - Original document in the office of SDM is missing and photocopy of same is available - Document in question i.e photocopy of original can be permitted to be admitted as secondary evidence as it fulfills the conditions as prescribed u/s 65(c) of the Act - No prejudice is caused to accused, as he..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Will - Will was handed over to Halqa Patwari but now original file of mutation not traceable - Defendant came to know of the loss of original will after revenue record was inspected - Order allowing secondary evidence, upheld...........
Evidence Act, 1872, Section 65 -- Secondary evidence - For secondary evidence to be admitted, foundational evidence has to be given being the reasons, as to why original evidence has not been furnished...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Defendant seeking permission to prove certified copy of Registered Will by way of secondary evidence - Defendant pleaded loss of original Will - Plaintiff admitted execution of Will though it was alleged to be result of fraud and misrepresentation - It was only the proof of Will which was the subject matter in the Will..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Prayer to call for a copy of newspaper from the publisher - Every original piece of daily newspaper is believed to be in possession of different subscribers including the accused who asserts that particular information was published in the particular newspaper..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures on disputed document with signatures on photocopy - No steps taken by plaintiff to secure original document either from defendant or person who is having custody of original - It is not the case of plaintiff that original document is not available - In such circumstances, sending photocopy to..........
