Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit land is joint and defendant was trying to usurp best portion of same without getting it partitioned as per plaintiff - However, defendant has raised a specific plea that suit land stood partitioned and partition had been implemented - Appeal filed against order of partition was dismissed in..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Document contains covenant for reconveyance of property in favour of plaintiff upon refund of amount received by plaintiff from defendant - Contents of document establish a lender and a borrower relationship between parties, where borrower as in lieu of..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of disputed signatures on Will - Plaintiff wants to disprove the Will which is filed at the end of trial by defendant - He reserve his right to produce documents which were subsequently produced - Since plaintiff disputes very execution of Will and in order to disprove the same, he filed an application to send..........
Registration Act, 1908, Section 17 -- Unregistered agreement to sell - Suit for specific performance - Recitals of agreement shows that possession of property not delivered to plaintiff and same will be delivered at the time of registration of property - Even otherwise, unregistered document may be received as evidence in a suit for specific performance and admissibility..........
Will -- Suspicious circumstances - Execution of Will in favour of sons to the exclusion of daughters - Plaintiffs contended that testatrix was not competent to execute Will as she was bed ridden for 15 years prior to her death - However no evidence let alone any medical evidence has been led by plaintiffs in this regard - Reasons were duly given in Will by testatrix for..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff contended that he was present before office of sub-Registrar on the date of execution of sale deed but on the verbal assurance of defendant 15 days time was extended for execution of sale deed - Defendant did not execute sale deed even after said 15 days - However, plaintiff did not get his..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff is only a licensee - Licence in favour of plaintiff does not create any right in the property - However, since plaintiff violated conditions of license and license period already expired, he is evicted from suit property long ago - Plaintiff thus, cannot maintain suit for..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that power of attorney and sale deed is null and void - Plaintiffs failed to exhibit so-called Power of Attorney, which was allegedly executed by plaintiff No.1 in favour of her husband/deceased - Plaintiffs also failed to prove that said Power of Attorney was forged one and on account of forged Power of..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Proposed parties are admittedly children of one of co-sharer of parties to suit - They are necessary parties - Proposed parties though not shown as respondents in petition, however, their names were indicated in petition with all details of their identity - It is a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff seeking temporary injunction restraining defendants from interfering in his possession - By way of counter claim defendant seeking temporary injunction restraining plaintiff from creating any obstruction in their peaceful possession - Defendants in support of their counter claim has..........
