Agreement to sell -- Specific performance - Interpolations in agreement - Endorsement of extension of date for execution and registration of sale deed - Said endorsement for extension is made one day after execution of sale deed in favour of subsequent purchasers - Defendant/owner of property cannot extend date once he has executed registered sale deed in favour of..........
Partition suit -- Plea of ouster - Defendant claims exclusive right over suit property by plea of ouster - However, documents produced by defendant have not disclosed his absolute ownership over suit property - Documents relied upon by defendant were not executed with knowledge of mother of plaintiffs and further more it was behind her back - Plea of ouster thus, negated..........
Family settlement -- Proof of - Family settlement is more than 30 years old document - It is admitted by one branch of family - No evidence produced by contesting defendant/other branch to prove that his father has not signed family settlement - Family settlement in writing admitted by one branch of family stands proved on file...........
Easements Act, 1882, Section 33 -- Violation of easementary rights - Suit for declaration and permanent prohibitory injunction - Plaintiff earlier filed suit in which plea of adverse possession was taken by her - Plea of easementary rights in the teeth of earlier suit in which plea of adverse possession was taken, is not available to her, as both the pleas are vertically..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Right of necessary party to contest suit does not depend upon mercy of contention taken by defendant that suit is bad for no, joinder of necessary party - Whether person is necessary party or not is question of fact depending upon relief claimed in suit - Failure of defendant to take contention that party is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for cancellation of sale deed and permanent injunction - Amendment sought at the stage of defendant's cross-examination - Suit filed in 2008 - Defendant seeking amendment to incorporate the incident of 2016 in 2017 - He failed to explain inordinate delay of over a year in seeking..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness - DW6 being son of scribe already identified signature and handwriting of his father on Will in question - Will in question which is otherwise to be proved u/s 63 of Succession Act, cannot be exhibited through DW6, especially being a photocopy - Rather, defendant himself should have tendered..........
Civil Procedure Code, 1908, Section 151 -- Recall of PW1 to mark documents at the stage when case was fixed for arguments - Held, petitioner cannot be allowed to seek reopening of his evidence to recall PW1 for the purpose of marking the documents produced by him or ask the Court to direct defendant to produce a document, which he did not admit to be in existence...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party as proforma defendant - Recovery suit in terms of agreement - No relief claimed against proposed defendant by plaintiffs - Proposed defendant is also a beneficiary under agreement - As per agreement, plaintiffs have no liability to pay amount to proposed defendant - Rather, amount if any is to be..........
Partition suit -- Plea of adoption of plaintiff taken by defendant - Defendant contended that plaintiff not entitled to share of property, as he was given in adoption - However, defendant failed to discharge the burden of proof which heavily rested upon him in proving case of adoption of plaintiff - Since properties are joint family properties, plaintiff is entitled to..........
