Adverse possession -- Suit for declaration of ownership on basis of adverse possession - Suit property is properly identified and continuation of possession of plaintiff has not been disputed by State during trial rather admitted in written statement as well as by its witness DW1 - Entries in revenue record reflect that unauthorized possession was very much in the..........
Specific Relief Act, 1963, Section 38, 34 -- Suit for injunction simplicitor - Maintainability - Defendants specifically denied the title of plaintiff and her possession over suit property - When matter involves complicated questions of fact and law relating to title, Court will relegate parties to remedy by way of comprehensive suit for declaration of title instead of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Defendant contended that suit property was allotted to his father in partition, but he has not produced any document to show that suit property was ancestral property - Plaintiffs on the other hand proved their right and title based on Assignment Order in respect of suit property - They have..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that partition deed is null and void - Relief to declare partition deed dated 02.03.2016 sought in the year 18.3.2019 - Suit is barred by limitation being filed after expiry of three years period...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that cheque and other documents are null and void - Trial Court based on FIR registered by plaintiff against defendant has straightaway taking version pleaded by plaintiff as conclusive proof decreed the suit without considering fact that FIR was registered based on statement given by plaintiff..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession - Defendant had trespassed and entered upon possession of property - Even in injunction suit filed by defendant, he had admitted that he had been in possession of 100 Sq.Ft of land in Schedule-A property as a lessee only - He had not whispered his occupation of Schedule-A..........
Agreement to sell -- Termination - Suit for specific performance - Where agreement was terminated by seller, there should be a prayer for declaration that termination of agreement for sale is bad in law, or that it does not bind plaintiff and in absence of such a prayer, suit filed for specific performance will not be maintainable...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by burning - 100% burn injury - Conviction - Appreciation of evidence - Prosecution failed to examine the attending doctor of deceased to prove her mental condition at time of giving the dying declaration - Further, nothing on record, including the dying declaration, suggested that accused instigated or..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Appellant after setting deceased on fire, took the children out of house and had latched the door from outside when deceased was still burning inside - He prevented anybody else to help deceased - Evidence in the form of two dying declarations of deceased and direct evidence of daughter of appellant corroborates the..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Vendor deposed that consideration was not paid - Buyer contends that it was paid in installments on various previous occasions - Party who asserts existence of a fact is burdened with onus to prove the fact asserted - Neither testimony of DW1 and testimony of DW2 nor copy of..........
