Easements Act, 1882, Section 15 -- Easement by prescription - Right of way - Defendant denied the title of plaintiff in written statement - Admission of title of servient owner by dominant owner is one of fundamental ingredients in a claim of easement - Claim of defendant over suit property by way of easement by prescription on this ground alone rightly rejected...........
Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Presumption - Plea that it was executed as security for a loan and there was oral agreement to reconvey on payment of borrowed amount - No convincing evidence of oral agreement - In absence of convincing and cogent evidence, plaintiff is not entitled to adduce evidence invoking S.92 Proviso of Evidence..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh suit on the same cause of action - Plaintiff is required to establish that suit suffers from a formal defect or there are sufficient grounds for allowing plaintiff to institute a fresh suit for the same subject matter - In the instant case, Court while allowing withdrawal of..........
Evidence Act, 1872, Section 102 -- Cancellation of gift deed on the ground of undue influence or fraud - Burden of proving undue influence or fraud always lies upon plaintiff...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Tenant sought amendment by incorporating subsequent events occurred during pendency of appeal without specifying exactly when these alleged subsequent events have taken place - Subsequent event pleaded in application was not of such nature which obliterated the..........
Partition suit -- Ancestral property - Great grand father of plaintiffs had died before coming into force of Hindu Succession Act - Property in question therefore, was governed under Mitakshra Law and whatever was inherited by his sons will continue to retain the character of co-parcenary property in the hands of his sons - Thereby whatever came into hands of defendant..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Proviso - Ex parte decree - Setting aside - Court shall not set aside decree passed ex parte merely on the ground that there is an irregularity in service of summons, if it is satisfied that defendant had notice of date of hearing and had sufficient time to appear and answer the plaintiff's claim...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on basis of adverse possession - Plaintiffs and defendants were claiming independent title in respect of suit properties by virtue of relinquishment deed executed by father of plaintiffs in favour of father of defendants - Possession of suit property relinquished was delivered to father of defendants as..........
Partition -- Not always necessary for a plaintiff in a suit for partition to seek cancellation of alienations, for the reasons viz. (a) alienees as well as the co-sharer are still entitled to sustain the alienation to the extent of the share of the co-sharer; (b) it may also be open to the alienee, in the final decree proceedings, to seek the allotment of the transferred..........
Agreement to sell -- Specific performance - Plaintiff entering into agreement with defendant No.1 & 2 despite having knowledge of share of defendant No.3 & 4 in the property - Plaintiff is not entitled to the relief of specific performance...........
