Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Ad valorem Court fee - Suit for declaration and cancellation of transfer deed - Non-executant - Plaintiff was not executant of transfer deed in question and he has also claimed relief of possession - Ad valorem Court fee would be payable in terms of provisions of Ss.7(iv)(c) and S.7(v) of the Act and not in terms of market..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration of title - When plaintiff prays for declaration of his right, title and interest over suit properties, onus for proving title of plaintiff over suit properties lies solely upon plaintiff and he shall prove his title over suit properties independently without depending upon defendant's failure to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and eviction - First Appellate Court held that plaintiff has failed to establish his title and possession over suit properties and plaintiff is not entitled to get decree of declaration of right, title, interest over suit properties and he is also not entitled to get decree of recovery..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff filed a suit for declaration of ownership on basis of sale deed and also challenged the subsequent sale deed in favour of respondent no.1 - Application for impleadment of another buyer of subsequent sale deed was filed after 8 years of filing of suit - On the date of filing application..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that Will, sale deed and gift deed is null and void - Plaintiff admittedly had knowledge of Will dated 08.08.1962 - Contention of plaintiff that cause of action accrued in 2023 is not true - In the year 2024 by way of suit, he wanted to challenge so called will..........
Easements Act, 1882, Section 13 -- Easement of necessity - Land in question was purchased by plaintiff which previously formed part of land owned by predecessors-in-interest of defendants - However, it became a servient tenement upon its declaration as surplus area followed by allotment to Diwana, who happen to be father of vendor of plaintiff - Plaintiffs have no other..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that plaintiffs are owners in possession of 50% share of property and sale deed is null and void - Plaintiffs are neither executant of documents in question nor they are seeking possession of suit property, as they are already in joint possession - Therefore, there would be no requirement to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and permanent injunction on basis of Will - For purposes of grant of interim injunction, it is sufficient that plaintiffs have a Will in their favour which prima facie establishes a case in their favour - Factum of veracity, authenticity and legality of Will is a matter of trial..........
Easements Act, 1882, Section 15 -- Easement - Right of pathway - Plaintiff claims that he was in continuous use of common road for over four decades - However, plaintiff failed to establish such right of way was acquired by him by prescription or grant or by necessity - Moreover, plaintiff has laid suit seeking relief of declaration in `B' Schedule property and for..........
Partition suit -- Plea of prior partition by defendant - Suit property is self acquired property of father of DW1 and he died intestate - It is highly unimaginable in respect of self acquired property of father of DW1, he voluntarily visited office of ADLR and furnished details as to how property is to be partitioned, as contended by DW1 - Moreover, no share was reserved..........
