Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Inference of fact from recitals or contents of a document is a question of fact, but legal effect of terms of document is a question of law - Construction of a document involving application of any principle of law, is also a question of law - When there is misconstruction of a..........
Civil Procedure Code, 1908, Order 41, Rule 27(b), 25 -- Additional evidence at appellate stage - Once first appellate Court allowed application U.O.41.R.27(b) CPC by coming to conclusion that document supporting legal plea of defendant should be allowed to be adduced as additional evidence, it rightly allowed the appeal and remanded subject suit to trial Court for fresh..........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Cancellation of instrument u/s 31 of the Act is as between parties to action and their privies and not against all persons generally, as instrument that is cancelled is to be delivered to plaintiff in cancellation suit...........
Specific Relief Act, 1963, Section 31, 34 -- Cancellation of document - When cancellation of a deed is sought by executant, such person approach Court u/s 31 of the Act and action under said provision is in personam - But when it comes to cancellation of a deed by non-executant, such person must approach Court u/s 34 of the Act, as such action u/s 34 of the Act would..........
Settlement -- Unilateral revocation of settlement deed by donor is impermissible in law - Settlement deed once executed cannot be cancelled when power to revoke is not reserved in said document by donor...........
Settlement -- Revocation of settlement deed - Suit for declaration of title and permanent injunction - Father executed settlement deed in favour of her daughter/plaintiff - Document under settlement deed is acted upon and property has been mortgaged, which is more than 30 years old - Presumption u/s 90 of Evidence Act should be drawn - Moreover, no suit was instituted..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 4 -- Eviction petition - Fixation of fair rent - Rent Controller considered evidence and document with reference to same locality of petition mentioned property and found that tenant herein have not disputed that market value and they have not produced any contra evidence or document that at relevant point of..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 4 -- Eviction petition - Fixation of rent - Non examining of witness or party to document will not vitiate case of landlords and Rent Controller can consider records and other evidence...........
Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - Plea of partition - Expression used in Explanation to S.6(5) `partition effected by a decree of a court' means final decree and not a preliminary decree of partition - Even if partition is supported by a registered document it is necessary to prove it had been given effect..........
Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - Plea of partition - Expression used in Explanation to S.6(5) `partition effected by a decree of a court' means final decree and not a preliminary decree of partition - Even if partition is supported by a registered document it is necessary to prove it had been given effect..........
