Specific Relief Act, 1963, Section 34 -- Suit for declaration - Dismissed as premature - Plaintiffs purchased the land from predecessor-i, interest of defendants - Both the Courts below found that sale deed in question is a valid and genuine document - Plaintiffs were put in possession of land but revenue authorities have only entered mutation of small portion of land -..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Gift deed - Cancellation - Gift deed executed by father and mother in favour of daughter reserving their right of residence till their life time - Father died - Mother and daughter now co-owners - Mother beaten brutally by daughter - Letting mother and daughter live together is not safe -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the instance of defendant - Partition suit - Very wording of O.6.R.17 CPC enables own pleadings to amend or alter and not of opposite party - Defendants, who are entitled to share either as co-owners or co-sharers are at par in status with plaintiff is different from allowing the opposite party to..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Dismissal of suit - Plea of defendant that claim for part of land has not been raised before trial Court is not maintainable before High Court - Plea held, not tenable as plaintiff claimed declaration qua their rights in suit land to the extent of 1/12th share by challenging sale deed - Courts were under..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Dismissal of suit - Plea of defendant that even if plaintiffs are left with any share in suit land, they can file application for partition and seek determination of their share in those proceedings - Plea held, misconceived as if claim of plaintiffs that they are owners of suit land or a part is rejected by..........
Rent and Eviction -- Eviction petition - Necessary parties - Law as to : (i) Landlord and tenant are the only necessary parties; (ii) To get eviction order landlord is required to plead and prove two things namely (a) there exists relationship of landlord and tenant (b) existence of grounds on which eviction is sought; (iii) question of title is not germane to the decision..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand for de novo trial - Suit for specific performance - Ex parte decree passed against all defendants/original owners and subsequent purchasers - Ex parte decree set aside at instance of defendants 3 & 4 - Fresh notice not sent to defendants No.1 & 2 - Defendants No.1 & 2 were entitled for a fresh notice of suit once..........
Partition -- Partition can be entered into between parties who are joint owners of property - In case, father wants to give property to his sons, of which he is absolute owner, it can be done by Will or by means of gift deed or donation - High Court rightly observed that partition deed is to be construed either as gift deed or family settlement - Petition dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interlocutory injunction - Partition suit - Defendants recognized as joint owners of suit property in a compromise decree passed in previous partition suit between defendant's father's family - No challenge made to compromise decree in previous partition suit - Defendants herein are absolute owners of suit property in..........
Specific Relief Act, 1963, Section 13 -- Imperfect title - Suit for recovery of earnest money - Agreement shows that neither defendant had saleable title qua specific khasra numbers regarding which he agreed to sell to plaintiff nor he alleged that original owners had title qua specific khasra numbers - Even, there was no agreement in favour of defendant by anybody to sell..........
