Pre-emption suit -- Plaintiff deposited in Court pre-emption money pursuant to decree - Property undivided - Plaintiff in possession of undivided property along with other co-sharers - Title of property accrued to plaintiff from date of payment of pre-emption money - Delivery of actual physical possession not required - Vendee could not claim adverse possession on ground..........
Adverse possession -- Plaintiff deposited in Court pre-emption money pursuant to decree - Plaintiff moved revenue authorities for partition of joint khata - Defendant denied title of plaintiff - Plaintiff thereafter filed suit for declaration - Defendant raising plea that he perfected title by way of adverse possession as physical possession of property not taken after..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Against licensees - Plaintiff allowed daughter and son-in-law to reside in the house till they could arrange some other alternative accommodation - Suit for mandatory injunction with a direction to the defendants to vacate the premises is maintainable as the defendants are mere licensees and the..........
Limitation Act, 1963, Article 58 -- Date of birth - Change - Suit for declaration - Employee seeking change of date of birth from 31.8.1937 as entered in service record to 2.2.1943 as shown in birth and school certificates - Limitation - Three years - Starts running from date when right to sue first accrues - Right to sue first accrued when plaintiff came to know for the..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Non production of the site plan showing the exact portion which the defendant had encroach upon - Not a formal defect - Permission to withdraw suit with liberty to file another suit on the same cause of action cannot be granted - Plaintiff may apply for amendment of the plaint...........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence in the form of secondary evidence - Application filed at the stage when case fixed for rebuttal evidence and arguments - To produce certified copies of sale deeds by examining Registration Clerk from office of Sub-Registrar - According to plaintiff original sale deeds could not be produced as these were..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Suit for recovery - Defendant admitting receipt of goods and having made part payment - Objection as to quality or quantity not raised at the time of delivery - Reply not given by defendant to the letter of demand nor any objection to the documents submitted by the plaintiff - It shows that there was no dispute..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Plaintiff personally filed the petition - Amended petition need not to be filed by the plaintiff personally...........
Agreement to sell -- Suit for specific performance - `Ready and willing' - Pleading - Plaintiff pleaded that defendant was requested to complete the sale deed of the suit land and accept the balance sale price but defendant refused to do so, day before yesterday, hence this suit' - It amounts to sufficient averments in the plaint so as to express his intention and conduct..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Will - One of the two attesting witnesses dead - Many opportunities granted to examine the attesting witness who was alive and on failure evidence closed by order - Defendants also availed many opportunities to examine the attesting witness who was alive and on failure their evidence also closed by..........
