Civil Procedure Code, 1908, Order 17, Rule 17-A -- Additional evidence - Suit for possession by final partition - Defendant in written statement took the plea that property is in possession of M/s Singla Trading Company as tenant and as such no partition by physical delivery of possession was possible - Evidence regarding dissolution of firm M/s Singla Trading Company..........
Adverse possession -- Government open land - Possession claimed over 30 years - No documentary evidence - No scrap of paper or concrete material to prove any possession by plaintiff's father as claimed by plaintiff - Trial Court and High Court not justified in declaring that plaintiff perfected title - High Court mechanically approving lackadaisical findings based upon..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Proof beyond pleading - Both the parties aware of the fact that the issue of partition is in dispute and evidence led by plaintiff rebutted by defendant - No variance between pleadings and proof - Bar of R.2 not attracted...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issue - Onus to prove additional issue on plaintiff - Defendant is entitled to lead evidence in rebuttal of evidence led by plaintiff on additional issue...........
Evidence Act, 1872, Section 73 -- Signatures - Denial of signatures on rent note and vakalatnama - High Court after comparing signatures on rent note, vakalatnama and admitted signature came to conclusion that all the three signatures are of one and the same person - Plaintiff held to be landlady and entitled to arrears of rent and also the possession of suit property...........
Constitution of India, 1950, Article 227 -- Important evidence lost sight by Courts below which ought to have been taken into consideration and have misdirected with respect to position of law - Held, High Court, in petition under Article 227 challenging concurrent decisions of the Courts below upheld the claim of the plaintiff and set aside the decisions of the Courts..........
Evidence Act, 1872, Section 114 -- Tenant inducted by power of attorney holder - Power of attorney holder was only given power to conduct eviction suit against NCC and had no power to let out premises - Power of attorney not filed - Adverse inference cannot be drawn as firstly defendant could get a certified copy of power of attorney and secondly defendant could ask..........
Rent and Eviction -- Allegation that defendant was a trespasser - Defendant pleading that he entered into premises as tenant on paying advance rent to power of attorney holder of plaintiff - According to plaintiff power of attorney holder had no power to let out premises - No rent deed executed - No confirmation to let out premises received from plaintiff - Advance rent..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closure of evidence - Provision is penal in nature - Before resorting to the provision Court should forewarn the plaintiff of the consequences of his failure to bring evidence on the adjourned date - Court should tell the plaintiff that if he fails to bring unsummoned witnesses with him, his right to produce those witnesses..........
Evidence Act, 1872, Section 137, 138 -- Examination-in-chief of defendant recorded - Cross-examination deferred - Re-examination (examination-in-chief) sought as certain documents which were not in possession of the defendant could not be produced at the time when his examination-in-chief was being recorded - If defendant wanted to produce/prove certain documents which..........
