Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration of title - Burden is always on plaintiff to prove his title to seek a decree of declaration - Plaintiff has to establish not only his title, but also title of his vendors, particularly when it is in respect of item of immovable property...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and for permanent injunction - Plaintiff did not choose to examine his vendors to establish his title and possession over suit property covered by sale deeds executed by vendors in favour of plaintiff - Vendors of plaintiff are best witnesses to depose their title and possession - Plaintiff thus,..........
Adverse possession -- A party who claims adverse possession must know who the actual owner of the property is and secondly he must plead that he was in open and uninterrupted possession for more than 12 years to the original owner's knowledge...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Where both the parties to lis are the same and suit property is the same, there is no ground to ask defendants to file a separate suit and counter claim cannot be excluded from main suit...........
Negotiable Instruments Act, 1881, Section 138, 143A, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Interim compensation - Recovery of - Recourse can be taken to S.421 Cr.P.C for recovery of interim compensation - For recovery of interim compensation, immovable or movable property of accused can be sold by Collector...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Once a person is in old settled possession of the property, he certainly cannot be evicted by force or illegally except by due process of law...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Once a person is in old settled possession of the property, he certainly cannot be evicted by force or illegally except by due process of law...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - In a suit where plaintiff pleads his lawful or peaceful possession over the suit property and his possession is interfered with or threatened by the defendant, plaintiff is required to establish his possession and as such has right to protect his possession against such unlawful interference...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - In a suit where plaintiff pleads his lawful or peaceful possession over the suit property and his possession is interfered with or threatened by the defendant, plaintiff is required to establish his possession and as such has right to protect his possession against such unlawful interference...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Set aside subject to condition for deposit of Rs.10 lakhs - Huge amounts were due from defendant to plaintiff - Defendant is continuing in possession of property under license agreement for past four years without paying any amount either as lease amount or license fee - Court had imposed a condition for..........
