Suit for possession -- Possession after partition whether tenant in common or gratuitous licensee - Possession of defendant after partition deed is executed is that of tenant in common, as earlier to partition deed, plaintiff and defendant being sons of deceased were members of Hindu Joint Family - After the death of defendant, property will not pass on to other co-sharer..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of second appeal - When two plaintiffs joined together and secured a decree of declaration and possession of an immovable property, death of one of decree holder will not make second appeal abate, as against surviving successful plaintiff, cause of action survived - Abatement occurs only when cause of action does..........
Stamp Act, 1899, Section 33, 35, 38, 39 -- Deficient stamp duty - Penalty - Parties entered into an agreement to sell without having knowledge of amendment carried out by State of Punjab - Amount of deficient stamp duty comes to Rs.6 lakhs approximately - No material on record that plaintiff intentionally tried to evade payment of stamp duty or tried to cause loss to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte temporary injunction - Notice received after passing of the date of hearing has no legal sanctity - Moreover, purported receipt of registered envelope by defendant cannot be treated to be a proper service in the eye of law - Service thus, was not properly effected and date of hearing also abruptly changed by..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Documents sought to be produced are receipt of money deposited and proceedings undertaken by competent authority for issuing patta - Patta itself is issued after culmination of proceedings undertaken on record and averments to that effect has already been made by defendant in written statement -..........
Agreement to sell -- Specific performance - Plea of hardship - Defendants have specifically stated in their written statement that except suit land they have no other piece of land and they require suit land for their own residential purpose and they cannot expect to dispose of their only piece of land and building standing thereon which would render them homeless,..........
Evidence Act, 1872, Section 45 -- Expert opinion - Documents in question sought to be examined from handwriting expert was sought after 10 years from its execution - If plaintiff disputes genuineness of subject documents, it is for defendants to establish the plea taken by them in their written statement as to execution of said documents by plaintiffs by leading cogent..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Filed at belated stage - Liberty was granted to plaintiff to file fresh amendment application, however, there is no occasion for plaintiff to wait for three years when suit was listed for final hearing and also in mean time he himself filed petition for early disposal of suit - Moreover, if amendment is..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-owners - Plaintiff failed to establish that he was in exclusive possession of suit property - There is no finding that any act of defendant was detrimental to interests of other co-owners in joint land - Relief of permanent injunction rightly denied...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Claim of damages - Trial Court declined to grant a decree for payment of damages as prayed by plaintiff - Said denial of payment of damages has never been subjected to challenge by plaintiff - Plaintiff ought to have questioned such denial of payment of damages by filing an independent appeal - Having not done so,..........
