Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizens - Senior citizens have neither sought any maintenance from opposite parties nor sought any declaration regarding transfer of any property as void - They are aggrieved by ill treatment/torturing and nuisance created by opposite parties on the land belonging to them and..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Right of daughter - Partition suit - Partition deed is prior to cut off date 20.12.2004 - Said partition deed not affected by Amendment Act of 2005 - Plaintiff/daughter not entitled to partition...........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Right of daughter - Partition suit - Plaintiff/daughter was married in the year 1967 and all other daughters were also married prior to 1989 - All the daughters were sufficiently presented with gifts and Sridhana which is not being denied by plaintiff and other daughters - Plaintiff and other daughters not entitled to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact on record that plaintiff had encroached upon some portion of Government land - Demarcation report is on record which shows that plaintiff had encroached upon government land - No evidence to disprove the said demarcation report was led by plaintiff nor any..........
Partition suit -- Implementation of partition decree - Writ of mandamus - Suit for division of land holding which was decreed is under scrutiny before Board of Revenue - There are disputed questions and in a garb of writ of mandamus, these disputed questions cannot be ignored nor adjudicated by Court - Liberty is given to petitioners to take recourse as may be available..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court has jurisdiction to pass an ex parte interim order - However, it does not empower to grant ad interim relief, without examining the parties and formulating the substantial question of law involved in the second appeal as it is contrary to S.100 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Land in question, as of date, is a municipal land used for residential purposes - Land not being agricultural land as defined u/s 5(24) of Rajasthan Tenancy Act, suit would definitely lay before civil Court only - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration - Plaintiffs not recorded Khatedars in respect of agricultural land - Unless plaintiff get their Khatedari rights declared by revenue Court, civil suit for declaration of sale deed as null and void is not maintainable - Plaint rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and injunction - Defendant Nos.1 to 8 had appeared before Trial Court, however were not diligent in prosecuting the case by not only in filing the written statement but also producing the relevant documents to substantiate their right over the property in question - Both the Courts below have..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced are only revenue records and same would not enure to the benefit of defendants to substantiate their right over the property in question in view of registered partition deed produced in the suit - Application dismissed...........
