Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for permanent injunction - Appointment of Local Commissioner sought to visit the spot and report actual position of street - Onus lies on plaintiff to establish her case through evidence - Plaintiff cannot be allowed to create evidence through appointment of Local Commissioner - Application rightly..........
Evidence Act, 1872, Section 101 -- Burden of proof - Suit for declaration of title - Burden of proof in a suit for declaration of title is upon plaintiff and this burden never shifts to defendant till plaintiff discharges his burden...........
Evidence Act, 1872, Section 101, 102, 103 -- Suit for declaration of title - Burden of proof - Entire burden in a suit for declaration of title is upon plaintiff - Once plaintiff fails to discharge said burden, howsoever bad is the defence of defendants, that will not come to the aid of plaintiff...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Suit properties were allegedly allotted to share of grandmother of plaintiff in a oral partition and she sold the suit properties in favour of plaintiff - However, if really grandmother of plaintiff was allotted such properties and she was in possession and enjoyment of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Both trial Court and Appellate Court on basis of evidence led by parties came to conclusion that prima facie plaintiff was residing in the house built by his father and defendant was trying to sell it off - Said apprehension was fortified by agreement to sell made out after order of trial Court for..........
Agreement to sell -- Specific performance - Concurrent findings of facts of three Courts in favour of plaintiff with regard to plaintiff having proved his readiness and willingness to perform his part of contract - Plaintiff deposited the amount as directed by trial Court before execution of sale deed - No interference warranted in said findings - Suit rightly decreed...........
Agreement to sell -- Specific performance - Agreement in question is executed in the year 2000 and sale deed was got executed through Court Commissioner in the year 2008 - Since present appeal is decided in 2022, Court deems it proper to direct plaintiff to pay a reasonable amount over and above the amount already deposited by him towards sale consideration - Plaintiff..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - With liberty to file fresh suit - Plaintiff failed to mention any ground more so sufficient ground for allowing him to institute fresh suit for same subject matter - Application to withdraw suit filed after more than 5 years of filing of suit - Having made suit progress considerably for a long period of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from disturbing possession of plaintiff - Factum of possession of plaintiff over suit property is found on the basis of revenue documents - Defendant on the other hand though claimed possession but could not prove the same - Prima facie plaintiff has been able to prove all..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - Partition suit - Cross-objections filed by plaintiff on being aggrieved by refusal to grant any mesne profits - Parties to suit being co-owners, possession of each one of them has to be regarded as possession for and on behalf of all - No evidence to show that plaintiffs were completely excluded from..........
