Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration and recovery of possession - Burden in a suit is always on plaintiff to make out and establish clear case for grant of relief - Weakness, if any on part of defendant would not be a ground to grant relief in favour of plaintiff...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and recovery of possession - Source of title is sale deed under which grandfather of plaintiffs purchased property, which devolved upon father of plaintiffs after death of grandfather of plaintiffs - Property in question was in possession of plaintiffs till the year 2002 and same was cultivated by brothers of..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Maintainability - Once plaintiff has failed to get any substantive relief of cancellation of sale deed and declaration relief, then consequential relief of permanent injunction must fail and plaintiff is not entitled to any permanent injunction against true owner...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Child born on account of rape committed by defendant with mother of child - Mere rejection of earlier application of DNA test filed by defendant in summary proceedings u/s 125 Cr.P.C, has no bearing in civil suit for declaration filed by child, wherein child herself is asking for determination of parentage..........
Adverse possession -- Suit for declaration of ownership based on adverse possession - Suit is maintainable...........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that cancellation of gift deed is not legal - Wife was not party to cancellation of gift deed executed by husband - She is thus, not bound by such deed - Wife sought both declaration of title over property and cancellation of cancellation deed - Limitation is applicable u/art 58 of the Act which..........
Limitation Act, 1963, Article 58 -- Limitation - Right to sue - Suit for declaration that cancellation of gift deed is not legal - Plaintiff needs to have actual or perceived threat to character of his right to reckon limitation - Mere challenge to title is not sufficient to hold that right to sue accrued on the date of challenge...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Without seeking relief of possession - Maintainability - Husband executed gift deed in favor of wife and retained possession and right to enjoy property in the gift deed itself - Possessory right and right to enjoy property would be available to wife only after demise of husband - Wife therefore,..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiff claiming title on the basis of sale deed in his favour - Title of plaintiff by virtue of registered sale deed not denied by its vendors who are also party to suit - Defendant being tenant, cannot deny title of plaintiff - Tenant cannot enter into shoes of vendor and contest the matter on the..........
Specific Relief Act, 1963, Section 34, Specific Relief Act, 1963, Section 34 -- Suit for declaration, recovery of possession and rectification of revenue entries - Plea that in view of re-arrangement between the parties as agreed, the suit land was mutated in the name of defendant and that plaintiff is estopped by agreement dated 24.01.1993 and thus suit is not..........
