Indian Penal Code, 1860, Section 302 -- Murder - Body of deceased was found by police in courtyard of his own house while incident is said to have occurred near temple - Unexplained injuries on body of father and mother of deceased, admitted dispute on partition in family of deceased and lack of clarity on the exact time of death creates a reasonable doubt - Eye-witness..........
Partition suit -- Plea of prior partition by defendant - Suit property is self acquired property of father of DW1 and he died intestate - It is highly unimaginable in respect of self acquired property of father of DW1, he voluntarily visited office of ADLR and furnished details as to how property is to be partitioned, as contended by DW1 - Moreover, no share was reserved..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Objectors are not asserting any independent title rather they are admittedly tracing their right and title through their vendor - However, title of vendor is negated judicially - Objectors therefore, steps into the shoes of a person whose claim to title was already judicially negated -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and injunction - Entire allegation has been made only against defendants - There is no basis or ground made out for impleadment of defendant Nos.3 and 4 from a careful reading of plaint - Merely because defendant nos. 1 & 2 have purchased property from defendant Nos.3 and 4, it..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff failed to produce any documentary evidence showing his ownership over suit property nor produced any document to prove his possession over suit property - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of ownership - Petitioner sought his impleadment on the ground that defendant no.1 has executed agreement to sell in his favour - He is not in possession of property - Plaintiffs are not seeking any right against petitioner - Petitioner is neither necessary nor proper party in the..........
Adverse possession -- Suit for declaration of ownership on basis of adverse possession - Suit property is properly identified and continuation of possession of plaintiff has not been disputed by State during trial rather admitted in written statement as well as by its witness DW1 - Entries in revenue record reflect that unauthorized possession was very much in the..........
Specific Relief Act, 1963, Section 38, 34 -- Suit for injunction simplicitor - Maintainability - Defendants specifically denied the title of plaintiff and her possession over suit property - When matter involves complicated questions of fact and law relating to title, Court will relegate parties to remedy by way of comprehensive suit for declaration of title instead of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Defendant contended that suit property was allotted to his father in partition, but he has not produced any document to show that suit property was ancestral property - Plaintiffs on the other hand proved their right and title based on Assignment Order in respect of suit property - They have..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that partition deed is null and void - Relief to declare partition deed dated 02.03.2016 sought in the year 18.3.2019 - Suit is barred by limitation being filed after expiry of three years period...........
