Rent and Eviction -- Bona fide need - Need of landlord for getting the suit premises vacated for establishing his two sons has to be seen on the date of filing of suit i.e. in 2001 - On the said date, need of landlord stands established - Said need would not get eroded by any earlier decree of eviction of the year 1988...........
Rent and Eviction -- Bona fide need - Landlord having other properties - It is for the landlord to take a decision in this regard - Once he has decided to get the suit premises vacated, no error or illegality could be pointed out in his decision - Moreover the suit premises is the most suitable accommodation for the required business - As landlord has proved his bona fide..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - In a civil suit, issues of civil matters are to be decided on balance of probabilities that means case of which side is more probable, same is acceptable under law...........
Partition suit -- Mere delineation of genealogy by plaintiffs in their plaint is not sufficient, but there should be evidence in support of the same - Burden of proof therefore lies on plaintiff to prove genealogy delineated by plaintiffs in the plaint...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Unilateral cancellation of gift deed - Where donor has executed gift deed in favour of donee voluntarily, transferring absolute title and possession of gift property without reserving her any right in suit property and donee has accepted the same, cancellation of gift deed unilaterally by donor is non-est under..........
Specific Relief Act, 1963, Section 38, 34 -- Proviso - Suit for injunction simplicter - Not maintainable where complicated disputed questions of fact and law relating to title and possession of parties over suit property involves, as same can only be decided in a comprehensive suit for declaration of title and injunction...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Suit dismissed at the initial stage on the ground that Court fee was not deposited - Sufficient ground is made out for condonation of delay - Suit was not admitted as yet - There is thus, no need for issuing notice..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration that agreement to sell was cancelled - Plaintiff by way of amendment sought the plea of hardship and wanted to incorporate that property was only residential house of plaintiff in which he was residing along with his family - Dismissing the application would mean that valuable..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected on defence of limitation unless definite conclusion as to bar of suit by limitation is discernible from stipulations in plaint and documents annexed thereto...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Plaintiff cannot be unsuited at the nascent stage of suit, merely on the basis of mutation entry unless specific knowledge of exclusion of right is brought on record...........
