Civil Procedure Code, 1908, Order 7, Rule 11(a), (d) -- Rejection of plaint - Suit for partition, possession and injunction - Predecessor-i, interest of plaintiffs had already received benefits under the Will of father of defendants therefore the claim of plaintiffs for partition of suit property is barred by principles of estoppel - Plaintiffs failed to show any cause of..........
Court Fees Act, 1870, Section 7(iv)(b) -- Court fee - Valuation of suit - Plaintiff admittedly not in constructive possession of suit property being co-owner - Ouster and exclusion from possession can safely and certainly be inferred from the plaint - Plaintiff not entitled to pay fixed court fee rather he is under obligation to pay ad valorem court fees on the market..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Partition suit - Suit property had already been partitioned between father of plaintiff and his brothers and they all were separated which is the findings also in earlier suit of partition - Findings by appellate Court in earlier suit will operate as res judicata in present suit - Since there had already been..........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale deed - Challenge to - In case of no, executant, not in possession of suit property, prays for consequential relief of possession as well as suit for declaration, ad valorem Court fee has to be paid u/s 7(iv)(c) of Act - But in case of no, executant of sale deed, in possession of suit property seeks declaration that sale deed..........
Possession -- Suit based on title for possession - Title established - Once plaintiff proves his title, burden shifts to defendant to establish that he has perfected his title by adverse possession - Failure of defendant to prove adverse possession for the prescriptive period - Decree of possession passed in favour of plaintiff...........
Agreement to sell -- Specific performance - Suspicious circumstances - Plaintiff failed to prove all the aspects and there is no satisfactory evidence about the execution of agreement, payment of consideration, delivery of possession and terms of contract - There is strong suspicion about stamp paper on which agreement was executed - Scribe of agreement not examined -..........
Civil Procedure Code, 1908, Order 15A -- Suit for declaration - Application by defendant for direction to plaintiff to deposit rent - It is landlord of a building, in a suit filed by him for recovery of possession, can file an application for deposit of rents by defendant/tenant, pending suit - There is no provision in CPC which enables defendant in the suit to file an..........
Specific Relief Act, 1963, Section 6 -- Dispossession - There is summary remedy provided for a person who is dispossessed of immovable property otherwise than in due course of law within six months of filing of suit in which venture, he is not required to prove his title - It is question of possession and not question of title which is relevant u/s 6 of the Act...........
Specific Relief Act, 1963, Section 6 -- Dispossession - Petitioner alleges to be in possession of suit property as a tenant and was forcibly dispossessed by Respondent Nos.1 & 2 - However, there is neither any rent note in favour of petitioner nor any receipt showing payment of rent by him to his alleged landlord - Plaintiff failed to prove that he was in possession and..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Valuation of suit - Suit for mandatory injunction - There are specific assertions in plaint that even on date of filing of suit it was plaintiffs who were in possession - It cannot be said that plaintiffs were seeking possession of suit property by virtue of making prayer for mandatory injunction - Moreover, Court..........
