Partition suit -- Plea of prior partition by defendant - Suit property is self acquired property of father of DW1 and he died intestate - It is highly unimaginable in respect of self acquired property of father of DW1, he voluntarily visited office of ADLR and furnished details as to how property is to be partitioned, as contended by DW1 - Moreover, no share was reserved..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for specific performance - Several facts pleaded in plaint give rise to institution of suit - Recitals in suit document concerning delivery of property after expiry of lease and thereafter execution of document in favour of plaintiff, can be termed as one of facets of cause of..........
Suit for possession -- Self acquired property of mother-in-law - Right of daughter-in-law - Plaintiff/mother-in-law is absolute owner of suit property which was purchased by her vide Sale Deed - Suit property is self acquired property of plaintiff - Defendant/daughter-in-law not denied that house in dispute is in the name of plaintiff - However, she submitted that said..........
Succession Act, 1925, Section 276, 278, Limitation Act, 1963, Article 137 -- Probate/Letters of administration - Limitation - Very nature of proceedings and nature of cause which is continuous would entitle appellant to get letters of administration or Probate of property on basis of Will executed by testator - Application for probate of Will cannot be treated as barred by..........
Agreement to sell -- Validity - Agreement in question and receipt was allegedly executed by defendants - However, some of defendants not signed the agreement and receipt - No authority was given by them to other defendants to sell the property - Genuineness of agreement to sell is not proved by plaintiff - Agreement in question is not genuine...........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree for prohibitory injunction - Violation of decree - Where a decree of prohibitory injunction has been rendered nugatory by wilful and unlawful act of JD particularly dispossession of DH from decreetal property, executing Court is vested with power U.O.21.R.32(5) CPC to direct measures necessary to secure..........
Agreement to sell -- Decree for specific performance - Sale deed - Stamp duty - Value of the property to be taken as the value shown in agreement of sale, unless the said valuation is increased by Court while granting decree of specific performance - Stamp duty and registration fee not to be paid as per market value on the date of presentation of said sale deed and this..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Un-stamped agreement to sell - Agreement to sell is neither registered nor sufficiently stamped - Said agreement to sell could not have been considered for any purpose for accepting plaintiff's case - However, when defendant has not denied execution of document, so also receipt of part of..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Misdescription of property - It is a fundamental defect rendering suit not maintainable - Court cannot enter into merits of case after holding of misdescription of property - First Appellate Court rightly held that observations of trial Court regarding title and possession of either of the parties would not operate as res..........
Mutation -- Entry in revenue records does not confer title on a person whose name appears in record of rights and that such entries are only for fiscal purpose and no ownership is conferred on basis thereof - Question of title of a property can only be decided by a competent Civil court...........
