Partition suit -- Decree assigning shares of parties keeping aside the Will relied upon by the first defendant - High Court, accepted the Will and determined the shares of the two defendant's - Will was not in issue in the suit and no finding as regards the validity was recorded - Held, High Court was not justified in modifying the shares by accepting the Will - Decree of..........
Evidence Act, 1872, Section 114 -- Adverse inference - Defendant setting up the case that he is in possession of land in question since the life time of deceased - Revenue record not produced to substantiate this plea - In its absence an adverse inference has to be drawn...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Evidence of plaintiff not proving his title - Suit to fail notwithstanding that defendant has no title to the suit property...........
Agreement to sell -- Defendant undertaking in agreement that she will get the mutation sanctioned - It is not contingent contract of the type where non fulfilment of the condition mentioned in the agreement would render it unenforceable or void...........
Specific Relief Act, 1963, Section 16 -- Ready and willing - Provision does not require that plaintiff must plead that he tendered the amount to the defendant and called upon him to perform his part of the contract - Plaintiff is only required to plead and prove that he had been and was ready and willing to perform his part of the agreement and to purchase the land...........
Evidence Act, 1872, Section 65 -- Suit for injunction - Pending suit defendant died - Respondent impleaded on the basis of will in her favour - Permission sought to adduce secondary evidence to prove the Will - Held, injunction suit cannot be converted into a suit for probation of will - High Court committed error of law directing adduction of secondary evidence to prove..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit by Bank for recovery of more than Rs.80 Lakhs - Restraining defendants from transferring or alienating mortgaged and hypothecated property - Held, balance of convenience is in favour of plaintiff as plaintiff will be put to irreparable loss if defendant is allowed to dispose of, transfer or..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Suit pending for cross examination of P.W.1 - Defendant's counsel not present - Arguments heard - Suit decreed - Defendant not yet opened his case - Order passed therefore has to be treated as an ex parte order, though wrongly disposed of on merits - Application U.O.9.R.13 is..........
Easement Act, 1882, Section 13, 15, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 -- Easement - Prescriptive right - Easement of necessity - Restrictions and limitations to be followed in exercising such right - Defendant making use of water to his agricultural land from a Vagu through a channel in the manner of a track passing through the suit land of plaintiff without..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of the Courts below that sale deed in favour of the first defendant is earlier in point of time and was genuine and valid - It is a Finding of fact - It is not open to challenge in second appeal...........
