Specific Relief Act, 1963, Section 6 -- Dispossession - Restoration of possession - Plaintiff was in possession of property at the time of being dispossessed the possession was handed over to him vide agreement to sell - Evidence on record proved the said fact by attendant circumstances - These attendant circumstances are contemporaneous conduct of plaintiff - Suit..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Plaintiff claiming to be in exclusive possession - Defendant claiming that status of parties was joint - In partition proceedings possession was delivered to the parties on the spot and mutation was also sanctioned - Defendant did not challenge delivery of possession - From copy of Jamabandi for the year 1995-96 it..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Dispute as to ownership and possession of plaintiffs over suit property - These are matters relating to fact - Ownership of plaintiff over suit property is admitted and proved fact - Possession on the basis of evidence was decided by first appellate Court - No perversity and..........
Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Registration - There is no plea of part performance making out a case of protection of possession by plaintiff - There is only a prayer for delivery of possession and evidently, there is no resort to S.53-A of T.P. Act - If only a plea is made u/s 53-A of T.P. Act,..........
Registration Act, 1908, Section 17 -- Registration - In a suit for specific performance, if stamp duty is paid as required, issue of registration is irrelevant so long as plaintiff seeks no prayer for protection of his possession by injunction either as a plaintiff suing for specific performance to protect his possession or taking up a defence against recovery of..........
Agreement to sell -- Specific performance - Promptness, readiness and willingness on the part of plaintiff for specific performance of contract proved by evidence - Mala fides on the part of defendant after accepting advance consideration also proved - Plaintiff should not suffer due to overt acts of defendant who had been presenting incorrect defence and harassing..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Husband himself failed to prove his case - Other witnesses are not worth reliance as independent witnesses on issue of cruelty and desertion in absence of plaintiff's evidence himself - Moreover, none of close relatives or family members examined by husband -..........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Production of original sale deed - Suit for cancellation of registered sale deed - Plaintiff is under an obligation to file original document, in case he wants to rely on such document in further proceedings of suit - If plaintiff does not file original document, then latter portion of said Rule shall come into operation...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement - Recovery suit - Amendment sought for permission to plead a counter claim - Foundation for maintaining a counter claim form part of pleadings in written statement and only the claim amount is sought to be pared down by defendant due to subsequent..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application filed after conclusion of plaintiff's evidence and when it was the turn of defendant to examine himself and when he was cross-examined - Application for rejection of plaint not bona fide - Application dismissed with costs of Rs.3000/-...........
