Suit for possession -- Plea of adverse possession taken by defendant not proved - Plaintiff being owner of suit land is entitled for relief of possession...........
Suit for possession -- Limitation - Plaintiff has sought relief of possession on the basis of title - Until and unless, defendant is not able to prove her adverse possession, suit of plaintiff for possession is within limitation, as no limitation is prescribed for seeking possession on the basis of title...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where a previous suit was dismissed for non-appearance of plaintiff, subsequent suit was to be seen from the pleadings of the parties in the earlier suit and plaint cannot be rejected U.O.7.R.11 CPC by considering the averments of defendant raised in his written statement and his documents...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff leased out the suit property to defendant no.1 and also empowered him to lease out the same to second defendant for the purpose of putting up a retail outlet - No case is made out that defendants intended to sub-lease the suit property to any other third party - While the plaintiff consented for..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Admission made by witnesses of defendant that defendant owns and is staying in a house close to suit property is sufficient proof that defendant was not in possession of suit property and is not residing in the property - Concurrent findings of Courts below that plaintiff is in..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of LRs - Sole defendant was not alive on the date of institution of suit - Plaintiff came to know about the death of sole defendant only when memo was filed - Mistake was bonafide one made in good faith by impleading a deceased defendant in the suit originally instituted - Delay in filing application for..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Presumption - Plaintiff discharged his initial burden by examining scribe of promissory notes, as there are no attestors to promissory notes - Evidence of scribe well supports the case of plaintiff - To rebut the evidence of plaintiff, defendant except examining herself did not produce any evidence -..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Transfer of suit property pendente lite is not void ab initio, as it remains subservient to pending litigation - Purchaser of any such property takes bargain subject to rights of plaintiff in pending suit...........
Agreement to sell -- Specific performance - Pleadings in a suit for specific performance have to be very direct, specific and accurate...........
Agreement to sell -- Specific performance - Readiness and willingness - To be pleaded and proved by plaintiff in a suit for specific performance...........