Evidence Act, 1872, Section 101 -- Burden of proof - Suit for permanent injunction - Initial burden lies on plaintiff to prove that he was in actual and physical possession of property as on the date of suit...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Suit for permanent injunction - First Appellate Court thoroughly examined all aspects and decreed the suit by reversing the finding of trial Court simply because point for consideration is not properly framed, it cannot be said that total judgment of First Appellate Court is perverse -..........
Non encumbrance certificate -- Entries qua pleadings in a suit cannot be made in the encumbrance certificate...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Limitation - Partition suit - Amendment sought to incorporate relief of cancellation of sale deed - Plaintiffs were aware of execution of sale deed - Suit was filed in the year 2013 and application to amend plaint was filed in the year 2022 i.e about nine years after institution of suit - Limitation to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for declaration that partition deeds are null and void - Defendant by way of amendment introduced plea of some partition which was never there in written statement when plaintiff was recording his statement - If amendment is allowed, same would amount to withdrawal of admission and would..........
Rent and Eviction -- Bona fide need - Need of landlord for getting the suit premises vacated for establishing his two sons has to be seen on the date of filing of suit i.e. in 2001 - On the said date, need of landlord stands established - Said need would not get eroded by any earlier decree of eviction of the year 1988...........
Rent and Eviction -- Bona fide need - Landlord having other properties - It is for the landlord to take a decision in this regard - Once he has decided to get the suit premises vacated, no error or illegality could be pointed out in his decision - Moreover the suit premises is the most suitable accommodation for the required business - As landlord has proved his bona fide..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - In a civil suit, issues of civil matters are to be decided on balance of probabilities that means case of which side is more probable, same is acceptable under law...........
Partition suit -- Mere delineation of genealogy by plaintiffs in their plaint is not sufficient, but there should be evidence in support of the same - Burden of proof therefore lies on plaintiff to prove genealogy delineated by plaintiffs in the plaint...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Unilateral cancellation of gift deed - Where donor has executed gift deed in favour of donee voluntarily, transferring absolute title and possession of gift property without reserving her any right in suit property and donee has accepted the same, cancellation of gift deed unilaterally by donor is non-est under..........
