Transfer of Property Act, 1882, Section 116 -- Lease - Tenant at sufferance - Tenant admitted that he did not pay rent to plaintiff till the filing of suit - However, plaintiff refused to receive rent as defendant committed default in payment of enhanced rent @ Rs.4,000 pm - Defendant cannot claim the status of tenant holding over - He can be termed as a tenant at..........
Rent and Eviction -- Death of landlord pending suit - Plaintiff No.2 came on record as LR based on testament - Even, in the absence of testament plaintiff No.2 being one of LR of deceased plaintiff No.1, can continue the suit against tenant for eviction...........
Stamp Act, 1899, Section 3 -- Stamp duty - Consent decree - Plaintiff has prayed for partition of suit property left behind by his father and during pendency of suit, plaintiff and defendant settled their dispute and have entered into terms of Settlement - Plaintiffs and defendants were not having any pre-existing right over property - Merely by executing a terms of..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for damages - Malicious prosecution - Burden of proof lies on plaintiff to show that he was maliciously prosecuted - It is upon plaintiff to show not only that defendant prosecuted him unsuccessfully but also that there was no reasonable and probable cause - Onus will shift to defendant after plaintiff adduces..........
Malicious prosecution -- Suit for damage - Every acquittal is not a consequence of malicious prosecution - Law provides for compensation for malicious prosecution and not for wrongful or uncalled for or failed prosecution - Civil Court has to conduct an independent enquiry - Grounds of acquittal cannot constitute sole reason for grant of a decree in favour of plaintiff...........
Malicious prosecution -- Suit for damage - Plaintiff has not adduced any evidence apart from producing judgment of acquittal - Plaintiff failed to prove that prosecution was initiated against him without any reasonable or plausible cause and with an oblique motive - Thus, it may be a case of failed prosecution but cannot be labelled as that of malicious prosecution - Suit..........
Agreement to sell -- Specific performance - Order to deposit balance sale consideration - Issue of readiness and willingness is yet to be gone into and merely because agreement to sell has been admitted by parties would not be a ground to permit defendant to deposit the amount in Court - However, since the amount already stands deposited by defendant, therefore, amount so..........
Adverse possession -- Unless plea of adverse possession has been specifically raised in pleadings, put in issue and then cogent and convincing evidence is led on a multitude of points and an opportunity to refute the case is made out by plaintiff and availed of by defendant, plea of adverse possession cannot be allowed to be flung as a surprise, on an unsuspecting..........
Easements Act, 1882, Section 15 -- Easement - Right of pathway - Plaintiff claims that he was in continuous use of common road for over four decades - However, plaintiff failed to establish such right of way was acquired by him by prescription or grant or by necessity - Moreover, plaintiff has laid suit seeking relief of declaration in `B' Schedule property and for..........
Recovery suit for money -- On basis of mortgage deed - Defendant availed loan of Rs.9 lakhs from plaintiff for purchase of suit property and executed mortgage deed - As per terms of mortgage defendant should redeem mortgage within 24 months after paying principal amount with 18% interest per annum - Defendant contended that he borrowed loan of Rs.6 lakhs and she repaid it..........
