Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession - Relief of recovery of possession denied by First Appellate Court but granted by High Court - Defendant pleaded that he was in complete possession of suit premises as owner with absolute rights ever since 1966 when his father had executed deed of release in his favour and for over..........
Settlement -- Revocation of settlement deed - Suit for declaration of title and permanent injunction - Father executed settlement deed in favour of her daughter/plaintiff - Document under settlement deed is acted upon and property has been mortgaged, which is more than 30 years old - Presumption u/s 90 of Evidence Act should be drawn - Moreover, no suit was instituted..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 378 days - Suit for recovery of money - Ex parte decree set aside on condition of deposit of entire decretal amount alongwith interest as on date - Defendant granted one opportunity to prove his defence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Re-issue of warrant to Commissioner - Measurement of property on basis of sale deeds of parties - Suit for declaration and recovery of possession - It is for plaintiff to prove his title in order to succeed in suit - If defendant had purchased a portion of property prior to plaintiff's purchase, he would be automatically..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction on the basis of sale deed - Plea of defendant that full consideration was not paid - Execution of sale deed not denied by defendant - All the right, title and interest over the suit property stand transferred in favour of plaintiff even if case of defendant is accepted that plaintiff..........
Hindu Law -- Undivided coparcenary property - Recovery suit - Plaintiff has given money to defendant's brother on pronotes - Suit filed after death of debtor - Admittedly, no steps were taken by plaintiff to attach undivided interest of coparcener/debtor during his lifetime as per S.289 of Mitakshara law - Plaintiff thus, not entitled to relief prayed for in suit for..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Serious dispute between parties to litigation on record - Defendant thus, satisfied Court that there are triable issues in subject suit and he has bona fide and substantial defence in subject suit - All the issues raised by plaintiff are required to be decided after..........
Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Section 35 -- Unregistered and unstamped sale agreement - Suit for recovery of money advanced under sale agreement - As suit is not for specific performance of contract or declaration of title as such agreement can be considered in evidence for collateral purpose, though it is unstamped and unregistered agreement...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit for money - Amount in question paid by plaintiff for becoming member of chit Fund - There is thus, no justification for making payment in cash - Explanation by defendant that cheque given as security is clearly an eye wash - Once cheque is proved and same is dishonoured, burden shifts upon defendant to establish..........
Family Courts Act, 1984, Section 7 -- Suit for recovery of gold ornaments, money and maintenance - Inconsistencies in version of witnesses on behalf of husband and thus, defence of husband is thoroughly defeated - Entrustment alone was denied by husband and misappropriation pleaded and deposed was not denied specifically by husband - Version of wife that 25 sovereign of..........
