Evidence Act, 1872, Section 101, 102 -- Suit for possession based on title - Once plaintiff is able to create a high degree of probability so as to shift the onus on the defendant it is for the defendant to discharge his onus and in the absence thereof, the burden of proof lying on plaintiff shall be held to have been discharged so as to amount to proof of the plaintiff's..........
Rent and Eviction -- Compromise - Tenant was to deposit 12,500/- - In case this amount was deposited eviction petition was to be dismissed and in case this amount was not deposited then eviction petition was to be decreed - Tenant deposited this amount - Consent order dismissing petition was passed - In execution of consent order an order was passed that name of tenant be..........
Police has no power to resolve civil disputes -- Neither Cr.P.C/BNSS nor Police Act nor any other law governing powers and duties of police confers power upon police to adjudicate disputed question relating to title, possession, boundary, encroachment etc. - Police has no authority to act as a Civil Court to adjudicate civil dispute set out in the complaint - They are..........
Co-sharers -- Co-sharer has every right to raise construction on the portion of joint land which is in his exclusive possession which will be subject to adjustment at the time of partition...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Where separate possession of defendant/co-sharer on a parcel of joint land is established, he has right to enjoy separate possession until same is disturbed by partition - He has every right to alienate his share out of joint land - No injunction can be passed against defendant for restraining him..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Commissioner found possession of plaintiff proved but he has not indicated the khasra number at which such possession is situated - Defendant yet to file his written statement - If defendant files written statement with assertion that possession which plaintiff is claiming is not on the land..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for possession - In a suit for possession, burden of proof lies on plaintiff...........
Suit for possession -- Father of plaintiff donated the suit property to State and State constructed a Hospital over the land in 1958-59 - Suit for possession without seeking declaration is not maintainable - Moreover, suit filed after almost 43 years is clearly barred by limitation - Merely because name of plaintiff continued in revenue record, it would not confer any..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiff is claiming title and possession over suit land alleging that proprietor of village, had settled the suit land in his favour - It stands proved by Amin report and Hukumnama as well as the Rent receipt - Order of Additional Collector directing realization of rent from plaintiff also confirms..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband ready to pay a sum of Rs.3 Crore to wife as permanent alimony - Keeping in view the status of parties, wife is entitled to Rs.3 Crore as permanent alimony and would also be entitled to retain possession of residential house where she is residing...........
