Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is null and void - Where executant of sale deed wants it to be annulled, he has to pay ad valorem Court fee on consideration stated in sale deed...........
Agreement to sell -- Specific performance - Execution of agreement in question was doubtful - Even payments as alleged by plaintiff not proved - Suit dismissed...........
Agreement to sell -- Specific performance - Total sale consideration 30.85 lakh out of which 15 lakhs paid as earnest money and balance amount of 15.85 lakhs paid after three months - Bald oral statement only of paying a huge amount of 30.85 lakhs - No evidence forthcoming as to from where the said amount was withdrawn from or got from - No evidence to show source of..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Proceedings before trial Court are at fag end and plaintiff has already concluded her entire evidence while defence evidence is midstream - Defendants in main suit have already availed 10 opportunities and are also in the process of completion of their evidence - Even, proceedings under..........
Civil Procedure Code, 1908, Section 35 -- Costs - Frivolous litigation - Once basis for which suit was filed was non-existent in favour of plaintiff and prima facie litigation was due to personal dispute, imposition of costs by Court cannot be treated as arbitrary, illegal or perverse or without any jurisdiction...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Defendant took plea for the first time in High Court without their being any pleading in that regard or evidence in that respect adduced by him - More so, plea now raised is complete contrast to consistent stand taken by defendant before trial Court, first appellate Court and even before this..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Concurrent findings of Courts below that plaintiffs are owners of suit property of which defendant is in unauthorized possession - Claim of defendant that he has became owner of suit land by way of adverse possession was considered and rejected - Suit was not found to be time barred -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiffs had proved in evidence jamabandi in which they are recorded as owners in possession of suit property - Defendant unable to prove any title to suit property or any valuable right being there - Concurrent findings on record that plaintiffs are owners of suit property and..........
Civil Procedure Code, 1908, Section 9, Wakf Act, 1995, Section 83, 85 -- Jurisdiction of civil Court - Waqf property - Civil Court has no jurisdiction to try and entertain suit in relation to determination of any dispute regarding waqf and waqf property in view of Ss.83, 85 of Waqf Act...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of defendant no.2 as appellant no.4 - Suit for specific performance decreed in favour of plaintiff - Other defendants filed appeal against such decree - Defendant no.2 is co-owner of suit property as admitted by plaintiff - Plaintiff himself had arrayed defendant no.2 in suit filed by him - Defendant no.2 is..........
