Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Land in question was sold by father of plaintiff through registered sale deed in favour of defendants and they are in continuous possession of same - Plaintiff was well aware of the fact that land in question is mutated in the name of defendants long back still he neither instituted any proceedings..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration of title and possession - Sale deed in question executed in 1967 - Plaintiff himself admitted that he first time came to know that land is being cultivated by defendants in the year 1985 - Though it is said that due to family relations and adjacent boundaries plaintiff could not gather that possession of..........
Specific Relief Act, 1963, Section 22(2) -- Specific performance - Relief of possession - Provision of S.22(2) of the Act is discretionary - In a decree for specific performance one need not specifically claim possession which is mere ancillary - Expression `at any stage of proceedings' is wide enough to allow the plaintiff to seek relief of possession even at the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Transferee pendente lite - Defendants, who are family members of plaintiff not contesting the suit - Petitioner has purchased the property by registered sale deed on payment of sale consideration - Impleadment allowed...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Plaintiff seeking to prove agreement to sell by way of secondary evidence - Earlier an application was filed by defendant asking plaintiff to produce original agreement to sell wherein plaintiff stated that original is not traceable and as and when it was traced, same would be produced - However, plaintiff now in..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for mandatory injunction directing defendants to pay damages/compensation on account of loss of reputation and malicious prosecution - Tentative valuation is given by plaintiff in the plaint and there is no prayer whatsoever wherein damages have been quantified - Quantification of damages would be determined by..........
Civil Procedure Code, 1908, Order 26, Rule 11, Arbitration Act, 1940, Section 21 -- Appointment of Commissioner/arbitrator - Application was filed by plaintiff for appointment of Commissioner/arbitrator to conduct an enquiry in respect of accounts by a competent Chartered Accountant - Said application cannot be read as an application moved on prior agreement or consensus..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Partition of agricultural land - Parties jointly held 52 odd kanals of land - Stand of plaintiff is that plaint scheduled property consisting of 10 kanal and 14 marla is not agricultural land and therefore outside the scope of S.158(2)(xvii) of Punjab Land Revenue Act - Bar against civil Court to..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Trial Court in its discretion granted extension of time for depositing balance sale consideration assigning cogent reasons - Plaintiff deposited the balance sale consideration and sale deed was executed in his favour - High Court therefore,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to claim alternative relief while giving up relief of specific performance - Basic character of suit will not be changed on allowing such an amendment - Even otherwise, plaintiff is entitled to seek alternative/additional relief - Order dismissing application set aside...........
