Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband has to plead and prove the cruelty with specific instances by producing acceptable legal evidence - However, he failed to do so - Divorce petition rightly dismissed...........
Agreement to sell -- Specific performance - Plaintiff failed to prove the source from where he generated huge cash amount of Rs.12 lakhs allegedly paid to defendants as earnest money - Though witness of plaintiff deposed that he had withdrawn the amount from bank, however, no record pertaining to said withdrawal was produced - Suit rightly dismissed...........
Agreement to sell -- Specific performance - Plaintiff admitted in his cross-examination that suit land was under encumbrance and he checked the jamabandi at the time of execution of agreement to sell - However, there is no reference in the agreement to sell that suit land was under encumbrance - Plaintiff had to prove his case by standing on his own legs and he cannot..........
Practice and Procedure -- Plaintiff has to prove his case by standing on his own legs and he cannot take advantage of any lacunae in the evidence of defendant to establish his case...........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - Except the evidence of PW1 that accused abused him and PW3 deposed that accused abused her, prosecution has not placed sufficient materials to prove the alleged commission of offence u/s 504 IPC - Accused acquitted...........
Easements Act, 1882, Section 15 -- Easement - Right to fetch water from third party land can only be claimed as a customary right and it cannot be treated as an easmentary right - In order to prove the customary right, the plaintiffs must produce cogent evidence to establish that they have been enjoying such a right from time immemorial...........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Isolated land tax receipt - Not sufficient to prove adverse possession...........
Adverse possession -- Isolated land tax receipt - If really plaintiff was in possession from 1981 till date of filing of suit, he should have paid the land tax every year - However, plaintiff filed only isolated land tax receipt - Isolated land tax receipt not sufficient to prove adverse possession...........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Plaintiff sought prescriptive title on the basis of UDR patta issued in his name - However, said patta have no seal of official who signed the document - Even, date of document also not mentioned - Patta was issued in favour of plaintiff without notice to defendants, who were original..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on the basis of adverse possession - Plaintiff has failed to prove his adverse title by leading cogent evidence - Therefore, additional document produced by defendants are not necessary to dispose of the appeal and there is no need to afford an opportunity to plaintiff to cross-examine defendants with..........
