Court Fees Act, 1870, Section 7(iv)(b) -- Court fee - Valuation of suit - Plaintiff admittedly not in constructive possession of suit property being co-owner - Ouster and exclusion from possession can safely and certainly be inferred from the plaint - Plaintiff not entitled to pay fixed court fee rather he is under obligation to pay ad valorem court fees on the market..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Partition suit - Suit property had already been partitioned between father of plaintiff and his brothers and they all were separated which is the findings also in earlier suit of partition - Findings by appellate Court in earlier suit will operate as res judicata in present suit - Since there had already been..........
Muhammadan Law -- Gift - Three essential features are to be satisfied for a valid gift: (i) declaration of gift by donor; (ii) acceptance of gift by donee expressly or impliedly; (iii) delivery of possession either actually or constructively to donee...........
Muhammadan Law -- Gift - Actual physical possession may not be always necessary if there is constructive possession of donee - Possession can be shown not only by enjoyment of land and premises but also by asserting who has the actual control over property...........
Muhammadan Law -- Gift - No evidence on record that donor had given actual physical possession to donee or donee was in constructive possession of land in question - No proof that land was mutated in favour of donee by revenue authorities - Donee was also not in possession of title deeds - Donee pleaded that she had been collecting rent from tenants inducted by donor but..........
Indian Penal Code, 1860, Section 302 -- Murder - Eye witnesses - Two accused persons attacked deceased by knife on account of previous enmity - Evidence of eye witnesses believable as clothes worn by eye witnesses and deceased at the time of incident were stained with human blood with same blood group which is also on the weapon of offence which was recovered from the..........
Police Protection -- Trespass into property after eviction in execution of decree - Petitioner cannot be driven again to Civil Court for recovery of possession of his property - Police protection granted with direction to restore possession and to ensure maintenance of law and order situation - If necessary respondents be evicted by force...........
Specific Relief Act, 1963, Section 37 -- Co-sharer - Other co-sharer cannot be restrained from raising construction over a portion of which he is in exclusive possession - Being in exclusive possession, he is legally entitled to protection of his possession until joint land is partitioned...........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale deed - Challenge to - In case of no, executant, not in possession of suit property, prays for consequential relief of possession as well as suit for declaration, ad valorem Court fee has to be paid u/s 7(iv)(c) of Act - But in case of no, executant of sale deed, in possession of suit property seeks declaration that sale deed..........
Possession -- Suit based on title for possession - Title established - Once plaintiff proves his title, burden shifts to defendant to establish that he has perfected his title by adverse possession - Failure of defendant to prove adverse possession for the prescriptive period - Decree of possession passed in favour of plaintiff...........
