Specific Relief Act, 1963, Section 37 -- Perpetual injunction - Person in possession of property though under a void transaction is entitled to relief of injunction against third parties who have no right to such property - He continues to be in possession till he is evicted by appropriate authority - Held, plaintiff is entitled to injunction prayed for...........
Evidence Act, 1872, Section 50 -- Daughter - Proof - Nothing said about relationship - Mere denial - Neither admissible in evidence nor is sufficient to disprove the relationship - If according to the defendants one `P' was not the daughter of `K', it was for them to suggest and prove that she was the daughter of some person other than `K' - Neither so suggested nor..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Suit was not fixed for actual hearing - After passing of order proceeding ex parte plaintiff was directed to file affidavit by way of evidence - No such affidavit was filed - Defendants cannot be prevented from participating in the proceedings from that stage - Would be entitled to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transferee pendente lite - Plaintiff is under no obligation to make a transferee pendente lite a party to the suit - But as the transferee pendente lite has acquired interest as such he is vitally interested in the litigation - Court has discretion in the matter which must be exercised judicially - This is all the more..........
Transfer of Property Act, 1882, Section 122, Contract Act, 1872, Section 16, 14 -- Gift - Undue influence - Burden of proof or onus probandi - House property let out by plaintiff - donor to village panchayat - Donee who was only occupying part of property as employee of tenant was not in a position to dominate and influence will of plaintiff - donor - Plaintiff an..........
Transfer of Property Act, 1882, Section 51 -- Suit for possession - Plaintiff established title - Plaintiff is entitled to decree for possession - First defendant a top Senior Police Officer got a sale deed and possession of property from second defendant knowing fully that second defendant was in permissive possession from plaintiffs and having no title to property -..........
Evidence Act, 1872, Section 101, 102 -- Receipt - Defendant denied his signatures and claimed that it is a forged document - Onus lies on the plaintiff to prove the signatures of the defendant on the receipt by examining the witnesses to this document and/or by examining the handwriting expert...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - In the earlier suit plaintiff had specifically averred that deceased Gehru was deaf and dumb person with low intelligence - Only dispute was that Smt.Devkoo was not his wife and as such not entitled to act as the next friend - There was an implied admission on the part of the defendants that the deceased Gehru was..........
Limitation Act, 1963, Article 58, 113 -- Levy of annual Sports Development Fees by Club on its life members - Members filed suit against club for declaration and injunction - Limitation - After circulation of resolution providing for levy of fee in 1986, club did not nothing except issuing a reminder in 1989 - For 10 years club took no action against plaintiff - It was..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction restraining defendant from interfering in the construction being made on the first floor - Partition - Plaintiff was not given any right to use the roofs on his two rooms for raising construction though he had the right to use the stair case and the courtyards whether on the ground or on the roofs -..........
