Evidence Act, 1872, Section 101, 102, 103 -- Cumulative effect - Held, initial burden is always on plaintiff who asserts certain facts...........
Adverse possession -- Two basic elements are (1) the possession of the defendant should be adverse to the plaintiff and (2) the defendant must continue to remain in possession for a period of 12 years thereafter - Animus possidendi as is well known a requisite ingredient of adverse possession - Mere possession does not ripen into possessory title until possessor holds..........
Succession Act, 1925, Section 372 -- Succession certificate - All Subordinate Judges Ist class in the State were empowered to exercise functions of District Judge under Part `X' of the Act - Certificate granted by Civil Judge (Junior Division) is valid - Plea that Subordinate Judge Ist Class cannot be equated with Civil Judge (Junior Division) and can only be equated with..........
Agreement to sell -- Specific performance - Plea of fabricated document when once fails then all other defences taken by defendant such as readiness and willingness of plaintiff and there is no requirement of selling the suit property are all being supplementary, based on which, equitable relief of decreeing the suit cannot be refused when it is otherwise legal and..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff must plead and prove - Continuous readiness and willingness on the part of plaintiff is a condition precedent - Conduct of plaintiff prior and subsequent to the filing of suit along with other attending circumstances are relevant factors for grant of relief of specific performance. (Specific Relief..........
Civil Procedure Code, 1908, Order 9, Rule 3 -- Non appearance of party - Dismissal of suit U.O.9.R.3 CPC - Plaintiff has two options to either apply or setting aside dismissal or in the alternative to file a fresh suit subject to law of limitation...........
Civil Procedure Code, 1908, Order 9, Rule 3, 8 -- O.9.R.3 and rule 8 operate in different fields - If suit is dismissed U.O.9.R.3 CPC plaintiff has two options to either apply for setting aside dismissal or in the alternative to file a fresh suit subject to law of limitation - However, when suit is dismissed U.9.R.8 CPC plaintiff has a liberty to apply for setting aside..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of party in appeal - Specific performance of contract - Specific issue framed with regard to necessary party having not been impleaded - Suit dismissed on that ground - Plaintiff sought impleadment of party in appeal - Held, since trial of suit is complete, consequence of addition would involve a de novo trial,..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Section , Order 2, Rule 2 -- Amendment of plaint - Permissibility - Suit for permanent injunction to put restraint on defendant from alienating suit land in face of agreement to sell allegedly executed by defendant in favour of plaintiff - Plaintiff by way of proposed amendment, sought to seek relief..........
Transfer of Property Act, 1882, Section 45, Benami Transactions (Prohibition) Act, 1988, Section 3, 4, 4(2), 4(3) -- Benami transaction - Property jointly owned by plaintiff and defendant and portion of their respective shares yet to be determined - Defendant contended that entire funding was done by him for acquiring property and plaintiff was only a benami partner and..........
