Agreement to sell -- Specific performance - Readiness and willingness - Compliance of mandatory provision of S.16(c) Specific Relief Act is a condition precedent - Except pleading readiness and willingness, plaintiff did not make any attempt to substantiate its claim to perform his part by adducing any cogent and convincing evidence - In the absence of compliance of..........
Civil Procedure Code, 1908, Section 24(5), Order 7, Rule 10A -- Transfer of suit - Where relief sought by plaintiff is partly or wholly not triable before Court where suit is instituted and both the parties agreed to transfer the case at the stage at which it is pending, Court u/s 24(5) CPC can transferred said proceedings to competent jurisdiction instead of returning the..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Object of provision is not to allow plaintiff an opportunity to commence trial afresh after he has failed to conduct suit with due diligence and care and to substantiate his case by evidence - However, very purpose of O.23 CPC is to prevent defeat of justice on technical grounds...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - With liberty to file afresh suit - Part of suit property is acquired by Government - Court below allowed application for withdrawal of suit and gave reasonable opportunity to plaintiff to implead State as necessary party in proceeding - Possibility of failure of plaintiff in the proceeding on technical..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Third party objections - Decree for declaration and possession - Petitioner claimed to be owner of suit property by way of Will and contended that boundaries of suit property not mentioned in the plaint - However, record shows that boundaries of suit property are mentioned in the plaint - Moreover,..........
Will -- Suspicious circumstance - Exclusion of natural heirs - Merely because plaintiff/daughter of testator was given property under Will in exclusion of others, cannot be held to be suspicious circumstances, particularly when each of heirs of testator except plaintiff had been living apart and only plaintiff was with her father/testator till the last days and taking care..........
Will -- Execution - Plaintiff proved that testator signed the Will on his own in a sound disposing state of mind understanding the nature of bequest - Though defendants have raised the question of coercion and undue influence, but they failed to establish the same - Will proved as required u/s 63 of Succession Act and S.68 of Evidence Act - Plaintiff, thus, entitled to..........
Limitation Act, 1963, Article 58, Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership - Limitation - Plaintiffs came to know about wrong revenue entries qua suit land in January 1994, which furnished them cause of action to file the suit - Suit filed in April 1994, is therefore, within limitation after accrual of cause of action in favour of..........
Family Courts Act, 1984 -- Suit property already divided between ancestors of parties - This fact is not denied by defendant - There was thus, no question that father of plaintiff being co-owner of property when the sale deed in question was executed in favour of father of defendants after partition of property - Mere recital in the sale deed as to execution of sale deed..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration to the effect that plaintiff is Donor trustee - Plaintiff became donor trustee after death of her husband, as nominated by him - Said nomination in favour of plaintiff vide resolution 1994 was approved by State Government - Concurrent findings of Courts below cannot be found fault with declaring plaintiff being..........
