Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for possession, permanent injunction and recovery of plot - Defendant sought impleadment of Sub-Registrar and additional Collector for the purpose of determining the validity of documents produced on the basis of which plaintiff had purchased the disputed property - However, no relief is sought..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Allegations of fact not denied specifically - Same are deemed to be admitted - By asserting adverse possession, defendant impliedly admitted plaintiff's title...........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for possession based on title - Title of plaintiff not specifically denied - As defendant claimed adverse possession as such burden has shifted to defendant to prove their adverse possession...........
Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance to daughter - Father is bound to maintain his minor child by providing proper sustenance, education and medical treatment - He cannot exonerate himself from his liability of maintaining a child - Monthly maintenance @ Rs.10,000 p.m to plaintiff from the date of suit till the date of her marriage is..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - In the suit only two issues are to be decided viz. whether plaintiff was in possession of suit property and whether plaintiff was dispossessed from the property in question by force without adopting due course of law...........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Agreement of sale - Entire sale consideration was received by defendant under agreement to sell and plaintiff was permitted to enjoy the scheduled property with absolute rights along with obligation to pay taxes pertaining to land makes it explicit that document in question has all the trappings of sale - Mere..........
Will -- Suspicious circumstance - Testatrix was about 80 years old and travelled by bus and walked a little for executing the Will/having it registered - However, said fact itself does not cast any doubt on the execution of Will, since a lady of advanced years in a rural area ought not to be automatically deemed to be so physically unfit as to be unable to undertake the..........
Specific Relief Act, 1963, Section 38, 34 -- Proviso - Suit for permanent injunction - Without seeking relief of declaration of title - When relationship between plaintiff and defendant is admitted and when plaintiff is seeking for exclusive right in respect of suit property, it would be incumbent upon plaintiff to establish his title - Courts in a suit for permanent..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title - Concurrent findings of Courts below that plaintiff has got title over suit property and defendants had encroached upon suit property of plaintiff by putting up a superstructure - Court below rightly directed defendant to hand over vacant possession of encroached portion - Suit..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to - Petitioner failed to produce on record any medical certificate or document which proves that plaintiff is suffering from mental infirmity and is not capable of protecting her interests while being sued or suing someone - Application filed for appointment of next friend of plaintiff..........
