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 22, Rule 3 -- Death of sole plaintiff - Order passed against dead person is a nullity - Mere fact that counter affidavit was filed by one of legal heirs would not clear the defect of order being passed against a dead person - Without the cause title being amended and legal heirs being brought on record in interlocutory applications at that..........
Will -- Proof of - Will distributed the properties in defined proportions between plaintiff and defendant - There is ample material on record to establish that testator anticipated that relations between plaintiff and defendant were not congenial and that is why, in order to avoid future conflicts, he divided his properties by way of a family settlement and bequeathed a..........
Registration Act, 1908, Section 89(4) -- Registration - Copy of sale certificate - Sale certificate issued by authorised officer is not compulsorily registrable - U/S 89(4) of Registration Act registering authority is only required to file a copy of sale certificate as and when it is forwarded to him by authorised officer - Such filing of copy of sale certificate is merely..........
Hindu law -- Self acquired property - Plaintiff contended that suit property was purchased in the name of defendant no.2 as Benamidar by his father out of joint family fund - However, he has not been able to even produce certified copy of sale deed nor he has ever challenged legality of said sale deed - Plaintiff has not brought on record as to how fund was collected,..........
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..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from dispossessing plaintiff or alienating or encumbering suit property - Defendants have disputed marital status of plaintiff with their deceased son and have categorically denied her claim over property or her possession thereof - Validity of marriage becomes a question of..........
Will -- Declaring Will "dubious" at interlocutory stage of deciding application for interim injunction - Trial Court ventured into midst of document, effectively prejudging an issue that ought to be tried in full evidence - This amounts to a jurisdictional error, as Courts dealing with interlocutory reliefs must confine themselves to assessing i.e prima facie case,..........
Specific Relief Act, 1963, Section 6 -- Suit filed u/s 6 of the Act is normally in the nature of summary suit - Enquiry in suit is confined to finding out possession and dispossession within a period of six months from the date of institution of suit - Question of title is not germane for consideration...........
