Limitation Act, 1963, Article 65, 109 -- Limitation - Suit for possession filed by daughter - Co-parcenary property - Limitation for suit for possession on basis of title is 12 years - Trial Court held that suit is within limitation - However, first appellate Court merely on the grounds that it was a suit for declaration, limitation was 3 years had dismissed suit and so..........
Evidence Act, 1872, Section 114(e), 90 -- Documents executed by public authority - Documents more than 30 years old - Certified copy of Ex.D1 vesting title by Municipality, in favour of plaintiff's vendor produced - Plaintiff produced photocopies of all other resolutions, government orders and sale deed in favour of their vendor, by Municipality - Documents produced from..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction sale - Delivery of possession of property not asked within statutory period of one year by auction purchaser - Auction purchaser has no right to file a fresh suit for enforcing delivery in execution - However, suits which do not offend u/s 47 CPC and suits for possession on strength..........
Civil Procedure Code, 1908, Section 65, Order 21, Rule 95 -- Auction sale - Delivery of possession - It was imperative on part of DH to take possession of property auctioned by him - If he fails to get possession through execution Court, his relief U.O.21 CPC, is lost, though his title over property sold subsists...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant admitted having taken premises on rent from plaintiff - Amendment of written statement sought by defendant to deny title of plaintiff - Defendant is estopped from denying title of plaintiff to the premises in question particularly for defendants' admission - Amendment rightly..........
Succession Act, 1925, Section 284 -- Caveat - Probate proceedings - Claim for title on basis of registered deed of gift is beyond scope of probate proceeding - Petitioners thus, has no cavetable interest in proceedings...........
Specific Relief Act, 1963, Section 38, Evidence Act, 1872, Section 102 -- Permanent injunction - Burden of proof - Agricultural land - Plaintiff filed suit on basis of ownership and title in suit property - However, plaintiffs upon whom burden of proof lies in view of S.101 of Evidence Act failed to produce any document pertaining to title in suit property - Entire..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge-sheet - Offence u/s 3(1)(r) - Parties litigating over possession of land - Allegation of hurling of abuses is against person who claims title over the property - If such person happens to be a Scheduled Caste, offence..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partners of a firm arrayed in their individual capacity - However body of complaint clearly mentions that applicants are partners - Lapse to make a proper mention in the cause title of complaint does not by itself disentitle complainant who has a claim to make and who has entitlement to file a..........
Mutation -- Mere mutation in Nagar Palika records is not a proof of title...........
