Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration of title and injunction - Defendant seeking appointment of Local Commissioner - No dispute with respect to identity of property - Burden of proof is on plaintiff in such a suit to prove with cogent evidence that he is owner of property - No necessity for defendant to take upon himself..........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Isolated land tax receipt - Not sufficient to prove adverse possession...........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Plaintiff sought prescriptive title on the basis of UDR patta issued in his name - However, said patta have no seal of official who signed the document - Even, date of document also not mentioned - Patta was issued in favour of plaintiff without notice to defendants, who were original..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on the basis of adverse possession - Plaintiff has failed to prove his adverse title by leading cogent evidence - Therefore, additional document produced by defendants are not necessary to dispose of the appeal and there is no need to afford an opportunity to plaintiff to cross-examine defendants with..........
Registration Act, 1908, Section 49 -- Proviso - Un-registered sale deed - Suit for permanent injunction - Suit is only filed for permanent injunction and not for declaration of title over property - Un-registered sale deed thus, can be received as evidence for collateral purpose to prove the possession of property subject to proof and relevancy...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Title of plaintiff over suit property not proved - However, oral and documentary evidence discloses settled possession of plaintiffs from 1968 onwards - Relief of permanent injunction rightly granted even though declaratory relief is not granted...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Murder - Deceased stated in her dying declaration that she herself poured kerosene and match stick was allegedly lit by accused - It would be debatable as to whether deceased who had sustained 98% injuries would..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory and mandatory injunction - Land in question is joint - Since, defendants are trying to occupy the portion of joint land and exclude plaintiffs from its use, they are entitled to seek relief of prohibitory injunction and mandatory injunction - They need not seek relief of partition or declaration of title...........
Hindu Marriage Act, 1955, Section 11, Civil Procedure Code, 1908, Order 22, Rule 3 -- Annulment of marriage - Death of husband - Substitution of LRs/parents - Parents of husband have a right to get a declaration that marriage between their son and appellant was in violation of provisions of S.5 of Hindu Marriage Act, as their property rights are directly affected and they..........
Hindu Marriage Act, 1955, Section 11, Civil Procedure Code, 1908, Order 22, Rule 3 -- Annulment of marriage - Death of husband - Substitution of LRs/parents - Parents of husband have a right to get a declaration that marriage between their son and appellant was in violation of provisions of S.5 of Hindu Marriage Act, as their property rights are directly affected and they..........
