Specific Relief Act, 1963, Section 34 -- Suit for declaration - Mutation entries - Entries made in mutation register by Patwari in discharge of his public duties or orders passed thereon by Revenue Officer would be a relevant evidence u/s 35 of Evidence Act - In present case, mutation in favour of executant's son was given effect to in record of rights i.e. Jamabandi of..........
Transfer of Property Act, 1882, Section 106, 113 -- Suit for eviction - First Notice - Acceptance of rent after issuance of first notice - Landlord giving second notice and then filing suit for eviction - Mere acceptance of rent does not amount to waiver of first notice unless there is any other evidence to prove that landlord intended to do so - Tenant liable to evict..........
Civil Procedure Code, 1908, Section 10 -- Stay of proceedings in subsequent suit - Two different suits filed in different jurisdiction for same estate - Suit at Ambala seeks decree of mandatory injunction directing petitioner to vacate suit premises and hand over its possession on basis of oral family settlement in 1998 whereas suit at Meerut seeks partition of entire..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for recovery of Rs.63.41 lakhs - As per direction of Supreme Court defendant deposited a sum of Rs.70 lakhs - Defendant has shown his bona fide by depositing said amount - Without going into merits of case, with a view to afford an opportunity of hearing to defendant in suit, ex parte..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Issue of exchange of property raised for first time in written statement - If theory of exchange as advanced by defendants is found to be correct, plaintiffs may loose their case - Plaintiffs therefore, entitled to question this pleading which can no, suit their case totally - Filing of rejoinder thus, warranted in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to include relief of possession - Once there is specific prayer for declaring the agreement to sell to be null and void, relief of possession is inevitable...........
Suit for possession -- On basis of redemption of suit land - Challenging execution of sale deed - Plea of plaintiff that at time of execution of sale deed they were minor and sale deed is forged document - No evidence on record produced to prove minority of plaintiffs through date of birth as well as forgery of document of sale deed - Matriculation certificates have no..........
Suit for possession -- On basis of redemption of suit land - Challenging execution of sale deed - Bar of Limitation - As per S.6, suit for declaration to challenge sale deed can be filed within three years from date their disability of minority has been ceased...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Defendants alleged that some of properties are not partiable and they became exclusive owners of suit property after death of their father - In view of said stand, defendants shall begin first - Only when defendants lead some evidence in proof of their case, plaintiff shall be obliged to lead..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff claimed to be owner and in possession of suit property on the basis of agreement to sell - However, agreement in question was not registered and even same was not on proper stamp paper - Agreement to sell is thus, not admitted in evidence and can be used only for..........
