Co-sharers -- Permanent injunction - Partition not effected in between co-sharers - Suit of plaintiff is barred u/s 41 Specific Relief Act as alternate remedy for filing suit for partition is available to plaintiff. (Specific Relief Act, 1963, Ss.38, 41)...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witnesses for further cross examination - Mere changing of counsel not a reason to seek further cross-examination of plaintiff's and defendant's witnesses...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Cannot be taken on record after framing of issues - In the instant case, plaintiff's evidence has commenced - Prejudice is definitely going to be caused to plaintiff inasmuch as entertaining counter claim at this stage would put clock back on entire suit - Counter claim rejected...........
Rajasthan Pre-emption Act, 1966, Section 5(1)(c), 6(1)(ii), 6(3) -- Right of pre-emption - Plaintiff and defendant no.2 were joint owners in possession of disputed courtyard having half share each - Defendant no.2 sold his house and disputed courtyard to defendant no.1 - Plaintiff has a superior right of pre-emption by virtue of provisions of S.6(3) of Rajasthan..........
Court Fees Act, 1870, Section 7(ivA), (v), (vA), (vB) -- Court fees - Suit for cancellation of sale deeds - Market value - Once it is conceded that value of land as per S.7(iv-A) Explanation of the Act is to be determined according to either S.7(v), (va) or (vb) of the Act, market value was deemed to be referable to one or other modes of determining value under said..........
Limitation Act, 1963, Section 17 -- Limitation - Suit for recovery of earnest money - Agreement to sell - Plaintiff pleaded fraud in execution of agreement to sell and he has succeeded in proving the same by showing that shops in question were already sold by defendant - Since plaintiff filed the suit within period of three years from date fixed for execution of sale deed,..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Plaintiff sought declaration with regard to Will being a forged and fabricated document - There is omission with regard to framing of an issue with regard to declaration which will go to root of matter - Application rightly allowed - However, only one opportunity to lead evidence is granted to..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff purchased property owned by defendant - This fact admitted by both the parties - Plaintiff shown and proved to be in possession of property - Suit rightly decreed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Claiming exclusive right over common pathway/road - Sale deed in which plaintiff himself was a party speaks reference to common pathway/road - Defendant/Corporation also initiated action by treating same as public common road - There is thus, no bar for plaintiff to enjoy suit property as a whole with..........
Agreement to sell -- Specific performance - Plaintiff failed to establish that he is possessing sufficient money to settle amounts in favour of defendant and bank statement of plaintiff shows that he was possessing only Rs.800 in his account - Relief of specific performance not granted to plaintiff - However, there is no prayer for alternate relief in suit, but Court..........
