Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Vendor deposed that consideration was not paid - Buyer contends that it was paid in installments on various previous occasions - Party who asserts existence of a fact is burdened with onus to prove the fact asserted - Neither testimony of DW1 and testimony of DW2 nor copy of..........
Evidence Act, 1872, Section 102 -- Onus to prove - Suit for declaration and recovery of possession - When plaintiff has come with suit for declaration and recovery of possession, onus is on plaintiff to establish title in respect of which he claims right...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and recovery of possession - When there is a specific admission on part of plaintiff herself to the effect that suit property belongs to defendant, then entire relief sought for by her seeking declaration and recovery of possession in respect of suit property have to necessarily fail - More so, plaintiff also..........
Benami Transactions (Prohibition) Act, 1988, Section 4(3) -- Benami transaction - Fiduciary relationship - Plaintiff purchased property in the name of his mother - However, plaintiff does not claim that his mother was standing in fiduciary capacity with reference to him - Suit for declaration claiming exclusive owner of property is not maintainable in view of prohibition..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Allotment of poultry farm - Both the Courts below elaborately discussed the evidence led by parties and during inspection, no poultry farm was found running - There was no chicks in it - Notice was given to plaintiff on violation of conditions mentioned in lease deed..........
Partition suit -- In every partition suit there is implicit declaration of title of party, albeit, to the extent of share of parties...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Suit property and parties are same in both the suits - Matter in issue in subsequent title suit is same in earlier title suit and decision in earlier suit would operate as res judicata so far as declaration of title of suit property - Subsequent suit stayed...........
Joint Hindu Family -- Suit property was not joint Hindu Family coparcenary property - Nothing on record to even remotely suggest that property was coparcenary property in the hands of plaintiffs - Suit for declaration that plaintiffs are owners in joint possession rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Suit land was sold to defendant and same was converted into residential land - Patta was issued to various persons - Plaintiff had not sought relief of declaration as a Khatedar rights - Without getting declared khatedar rights, plaintiff had no right to file suit - Suit..........
Commercial Courts Act, 2015, Section 12A -- Commercial suit - Provision of S.12-A of Commercial Courts Act - Law as to : (i) S.12A of the Act by is mandatory in nature and declaration of mandatory nature of S.12-A of the Act relates back to date of Amending Act; (ii) Any suit which is instituted under the Act without complying with S.12-A of the Act is liable to be..........
