Indian Penal Code, 1860, Section 500 -- Defamation - Complaint made to SDM that a shop is put up by encroaching upon some land and that said shop put up was creating nuisance, as many anti social elements and road romeos started vising said shop and were creating all sorts of problems - No case is made out to put accused to trial for alleged offence - There is no..........
Partition suit -- Oral partition had taken place between three sons of original owner - One of sons sold certain portions of suit properties - Predecessor of plaintiffs also purchased certain specific portions of suit properties from said son - There is thus, partition between parties and brothers were enjoying the properties as their absolute properties - Suit for..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Non-impleadment of a purchaser of one item of suit property would be fatal to suit in respect of said property, as he is necessary party to suit...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 401 days - Defendant was aged about 73 years and suffered from jaundice - Reasoning put forth by defendant is within contour of definition "sufficient cause" - However, due to delay, plaintiffs would have definitely suffered..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Plaintiff filed the suit only in respect of share due to his mother - Applicants already got their share in respect of suit properties - By impleading proposed parties, scope of suit cannot be expected beyond the purpose for which suit has been filed - Applicants are not necessary..........
Adverse possession -- Proof of long standing unauthorized possession can only be a relevant trait for consideration of plea for acquisition of title by adverse possession but cannot be sole criteria - In case of failure to prove adverse possession, any other form of possession howsoever, long, cannot be held sufficient to non-suit plaintiff in his prayer for possession of..........
Adverse possession -- Material on record does not suggest that defendants had ever expressed their specific hostile animus to hold possession of suit land as owners by denying title of plaintiff or his predecessor-in-interest - Defendants thus, not perfected title over suit land by way of adverse possession...........
Partition suit -- Plaintiff in plaint mentioned that partition never took place but during cross-examination he admitted that they were residing separately and he had tenant in his portion - He also admitted the fact that he had taken separate electricity and water connection in the year 1981 and they were cooking food separately from 1977 - Defendant had raised..........
Oral partition -- Partition can be oral, but a party who pleads oral partition is duty bound to establish the same by convincing evidence...........
Partition suit -- Plea of oral partition - Defendant pleaded that there was oral partition between parties and plaintiff has lost his right in the properties allegedly allotted to defendant in oral partition by ouster - However, defendant neither raised necessary pleadings nor adduced any evidence in this regard - Defendant thus, miserably failed to prove oral partition..........
