Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory notes - Recovery suit - Plaintiff discharged the initial burden about passing of consideration and also execution of promissory notes - However, defendants pleaded that suit pronotes are forged and fabricated - Admittedly no steps are taken by defendants to send the suit pronotes along with admitted signatures..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment to advocate Commissioner - Suit for declaration of right and title over suit property and injunction - Burden of proof is always on plaintiff to establish his lawful title and possession over suit property - So the question of localization of suit property and noting down the physical features of property by..........
Evidence Act, 1872, Section 17, 58 -- Proviso - Oral admission - Joint property - Oral admission as to possession of plaintiff over suit property is not sufficient evidence to infer partition of suit property - Proof of partition is necessary as per S.58 Proviso of Evidence Act - Said admission is not sufficient evidence of partition...........
Co-owners -- Co-owner - cannot be dispossessed by other co-owner on the basis of sale deed, unless the suit for partition is filed and share is carved out and separate possession is taken...........
Transfer of Property Act, 1882, Section 44 -- Sale - Co-owners - After purchasing the property of co-owners, purchaser has to file suit for general partition as per S.44 of the Act - Such suit is not filed by plaintiff for partition and therefore, question of encroachment on the part of defendants in the suit property does not arise - Order of first appellate Court..........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 102 -- Suit for declaration of title - Burden of proof - Burden always lies on plaintiff to make out and establish a clear case for granting such a declaration and weaknesses, if any, of the case set up by defendant would not be a ground to grant relief to plaintiff...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession after evicting defendants - In a suit for ejectment based on title, it was incumbent on the part of Court to record a finding on the claim of title to suit property - Court is also bound to enquire or investigate that question on first before going into any other question that..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Plaintiff asserts that defendant had constructed over his land and defendant denied this fact - There is no dispute regarding boundary or identity of land - Parties have adduced evidence - Defendant has also produced a demarcation report - Justification for seeking demarcation through Local..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of landlord - Substitution of LRs - Eviction suit - Tenant has no locus standi to aver as to who would be LRs of plaintiff/landlord - Said averment/objection if any can be raised by aggrieved LRs only...........
Specific Relief Act, 1963, Section 37, 38, 41(j) -- Suit for injunction - When plaintiff has no personal interest in the subject matter, he is not entitled to seek equitable relief of injunction...........
