Specific Relief Act, 1963, Section 37, 38 -- Trespasser - Suit for injunction - If possession of plaintiff is of a trespasser, he cannot get an injunction against the true owner in order to perpetuate his own wrong...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit at second appellate stage - Suit for injunction restraining defendants from establishing and running flour mills and restraining them from disturbing plaintiff's exclusive user of pathway - Trial Court decreed suit - Appellate Court modified decree holding that plaintiff had no exclusive right over..........
Civil Procedure Code, 1908 -- Withdrawal of suit at second appellate stage - Suit for injunction restraining defendants from establishing and running flour mills and restraining them from disturbing plaintiff's exclusive user of pathway - Trial Court decreed suit - Appellate Court modified decree holding that plaintiff had no exclusive right over pathway and it was common..........
Adverse possession -- Government open land - Possession claimed over 30 years - No documentary evidence - No scrap of paper or concrete material to prove any possession by plaintiff's father as claimed by plaintiff - Trial Court and High Court not justified in declaring that plaintiff perfected title - High Court mechanically approving lackadaisical findings based upon..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Proof beyond pleading - Both the parties aware of the fact that the issue of partition is in dispute and evidence led by plaintiff rebutted by defendant - No variance between pleadings and proof - Bar of R.2 not attracted...........
Rent and Eviction -- Comparative hardship - Fact that landlord living in rented house though not accepted yet landlord having no other alternative accommodation - Issue of comparative hardship decided in favour of plaintiff...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Person of unsound mind - Suit through next friend - Suit is deemed to be instituted on the day the Court grants permission to next friend to sue and orders notices thereon - Plaintiff died by the time Court granted permission - Court has no jurisdiction to entertain suit filed by next friend on behalf of a dead person - Suit..........
Partition Act, 1893, Section 4 -- Applicability of the Section - Before S.4 can be pressed into service it must be shown that stranger transferee himself moving for partition and separate possession either as a plaintiff or as a defendant - Suit for partition and separate possession by a family member - Stranger transferee of a part of house not a party to suit - During..........
Agreement to sell -- Suit for specific performance - Obtaining of clearance certificate not made mandatory in agreement but plaintiff throughout insisting on same - Papers allegedly purchased by plaintiff not produced in Court - Readiness and willingness on part of plaintiff not established - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issue - Onus to prove additional issue on plaintiff - Defendant is entitled to lead evidence in rebuttal of evidence led by plaintiff on additional issue...........
