Civil Procedure Code, 1908, Section 96 -- Appeal - Maintainability - Order rejecting application U.O.21.R.97 CPC filed against execution of eviction decree passed in SCC suit - Said order is revisable u/s 25 of Provincial Small Cause Courts Act - Appeal u/s 96 CPC is not maintainable against such an order - Appeal dismissed...........
Practice and Procedure -- SCC suit - Title of parties cannot be decided in a SCC suit and only relationship of landlord and tenant is to be seen between parties...........
Easements Act, 1882, Section 13 -- Easement of necessity - To establish an easement right u/s 13 of the Act, one must plead and prove that suit property is a servient tenement to property owned by other side as dominant tenement - Additionally, plaintiff must plead and prove to establish that both tenements were previously held together and a single tenement's severance..........
Easements Act, 1882, Section 13 -- Easement of necessity - Land in question was purchased by plaintiff which previously formed part of land owned by predecessors-in-interest of defendants - However, it became a servient tenement upon its declaration as surplus area followed by allotment to Diwana, who happen to be father of vendor of plaintiff - Plaintiffs have no other..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Right of residence - Shared household - Widowed daughter-in-law is not entitled to claim right of residence for two reasons i.e. it is upon her own volition that she stopped residing at suit property for past 13 years and secondly, right of residence provided under S.17(1) of the Act, stood curtailed as..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that plaintiffs are owners in possession of 50% share of property and sale deed is null and void - Plaintiffs are neither executant of documents in question nor they are seeking possession of suit property, as they are already in joint possession - Therefore, there would be no requirement to..........
Evidence Act, 1872, Section 112 -- DNA Test - Partition suit - In a suit for partition, prayer for DNA test to determine parentage of rival party is unwarranted - Forcing a person to undergo DNA test affects his right to privacy...........
Evidence Act, 1872, Section 112 -- DNA Test - Partition suit - Defendant No.1 disputes the parentage of defendant No.3 despite evidence of PW2/mother - Directing for DNA test of child on the face of admission of mother would be an insult to her motherhood and against the law enumerated in S.112 of Evidence Act - Application fort DNA test rightly dismissed...........
Evidence Act, 1872, Section 112 -- DNA Test - Partition suit - Recognition of a person as son of another is not required to be determined through blood relation only and what is important is his recognition in the society as such...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff already paid Rs.3,10,000 out of total sale consideration of Rs.3,90,000 at the time of execution of agreement to sell - On the targeted date plaintiff proved his presence before office of Sub Registrar - Suit filed within 8 days of second default committed by defendant - Plaintiff thus, was ready..........
