Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree passed by Lok Adalat - Challenge thereto - Merely because trial Court before whom application for consent decree was presented, referred the matter to Lok Adalat, cannot be a ground to doubt genuineness of consent decree...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree passed by Lok Adalat - Challenge there to - Application U.O.23.R.3 CPC filed before trial Court - However, trial Court referred the matter to Lok Adalat - Lok Adalat passed the consent decree - Consent application was presented and signed by advocates for defendants and also parties who appeared before trial..........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Suit for declaration and possession - Plea of adverse possession by defendant - Unless defendant files counter claim, he will not be able to get a decree of declaration with regarding to their title based on adverse possession in a suit for declaration and possession filed by plaintiff...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission not clear and categorical - Decree only on the basis of admission without considering defense, set aside - Matter remitted to trial Court to decide suit expeditiously after affording opportunity to parties to lead evidence...........
Rent and Eviction -- Mesne profits - Date from which payable - After passing decree of eviction tenancy terminates and from the said date landlord is entitled for mesne profits or compensation depriving him from the use of premises...........
Civil Procedure Code, 1908, Section 100, Order 9, Rule 9 -- Second appeal - Order passed U.O.9.R.9 CPC do not have trappings of decree - Second appeal u/s 100 CPC held, not maintainable...........
Mutation -- Sanction of - It is duty of revenue officials to incorporate decree in revenue record in letter and spirit and the impugned order dismissing application for entering mutation cannot be upheld in any manner...........
Agreement to sell -- Specific performance - Agreement to sell scribed on three non-judicial stamp papers having no inter se connection between the first leaf and the second and third leaf - Two stamp papers purchased from a place other than the place where property in dispute is situated - Moreover there is no explanation who is the person in whose name two stamp papers..........
Agreement to sell -- Validity - Agreement to sell is alleged to have been scribed by a professional licensed Scribe - However, he failed to produce his notebook/diary in order to prove that agreement was scribed on specific date - Decree of specific performance, set aside...........
Hindu Marriage Act, 1955, Section 28, 13 -- Appeal - Maintainability - Decree of divorce - Death of husband - Death of one of parties to proceedings after the decree will not render proceedings as abated - Appeal is maintainable...........
