Specific Relief Act, 1963, Section 37, 38 -- Plaintiff tenant in the suit land - No order of eviction against plaintiff - Not the case of defendant that plaintiff relinquished his tenancy rights by any valid relinquishment deed - Held, a tenant in possession is legally presumed to remain in possession till evicted by a Court of competent jurisdiction - Appeal against order..........
Hindu Law -- Adoption - Proof - Can be proved by oral evidence establishing the factum of giving and taking the child in adoption with free consent of both the natural guardians and adoptive parents - Execution of adoption deed and its registration is not compulsory - The fact that adoption deed is signed by only adoptive father and not by adoptive mother also would not..........
Agreement to sell -- Suit for specific performance - Joint Family Property - Agreement executed by father as Karta of joint family consisting of himself and his sons (one major and six minors) and signed by father and major son - Defendants raising plea that agreement was obtained by fraud or misrepresentation not established - Evidence disclosing that family was indebted..........
Civil Procedure Code, 1908, Order 33, Rule 9, 11, Civil Procedure Code, 1908, Order 7, Rule 11 -- There is nothing in O.33.R.9 or 11 which compels the Court to postpone the collection of the Court fee in case of a dispaupered plaintiff until the suit is tried...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal of suit for default - Restoration - Dismissal of application on mere affidavits without enquiring into grounds alleged for absence of party on the date fixed in the case and without giving him opportunity to prove his case - Not proper - Affidavit is no evidence - Order set aside and matter remanded to trial Court..........
Agreement to sell -- Limitation - Vendor under agreement filing suit for possession of property under agreement - Amounts to denial of existence of agreement by vendor - Cause of action for suit for specific performance starts from date of vendors suit for possession - Notice issued by plaintiff purchaser after vendor's suit was decreed - Does not stop limitation from..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Court has to consider title of the suit property - Person found to have title is entitled to possession unless and until the other side is able to establish that it has got some interest on the basis of which it could be in a possession of the property, even though the title is with the plaintiff - Plaintiff..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Proof beyond pleading - Plaintiff claiming to be in possession - It is not stated in what capacity he was in possession - For the first time in evidence plaintiff brought out that he was tenant of respondent - Held, no evidence without pleading can be looked into...........
Specific Relief Act, 1963, Section 37, 38 -- Auction of trees by Tehsildar - Sale, subject to confirmation by State Govt. - Plaintiff declared successful bidder - No confirmation order passed - Re-auction proposed - Suit for injunction restraining State from reauctioning the trees - Held, till bid is confirmed State continues to be the owner of trees - Unless ownership..........
Civil Procedure Code, 1908, Order 41, Rule 23A, 23 -- All issues decided by lower Court in plaintiffs favour - Appellate Court duty bound to record his own findings on each and every issue while setting aside judgment and decree under appeal - Appellate Court while allowing amendment of written statement set aside judgment and decree under appeal and remanded case to lower..........
