Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiffs had proved in evidence jamabandi in which they are recorded as owners in possession of suit property - Defendant unable to prove any title to suit property or any valuable right being there - Concurrent findings on record that plaintiffs are owners of suit property and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for specific performance - Agreement executed on 24.01.2001 - Suit filed on 03.01.2022 - No date or period has been fixed for performance of agreement or for execution of sale deed - Defendant denied the agreement for the first time on 8.11.2021 by way of reply to notice -..........
Will -- Exclusion of son from property under Will - Relationship between testator and his son got stained in 1984 - This fact is admitted by son of testator - Son also filed a partition suit against his father/testator - Testator was alive for nearly 11 years after execution of Will - On account of close relationship, testator after death of his brother wanted to protect..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-owners - Where the plaintiffs are entitled to declaration of their half share in suit property, it is not open to them to maintain a suit for injunction as against other co-owners of remaining half share - Relief of injunction as prayed by plaintiffs in respect of entire property rightly rejected...........
Civil Procedure Code, 1908, Section 9, Wakf Act, 1995, Section 83, 85 -- Jurisdiction of civil Court - Waqf property - Civil Court has no jurisdiction to try and entertain suit in relation to determination of any dispute regarding waqf and waqf property in view of Ss.83, 85 of Waqf Act...........
Agreement to sell -- Specific performance - Defendant received entire sale consideration - Responsibility to get sale deed registered was on defendants - Plaintiff has proved that she had made a request to defendants to get sale deed registered and executed in her favour - She also proved her possession over suit property as purchaser - Suit rightly decreed in favour of..........
Civil Procedure Code, 1908, Section 80 -- Notice u/s 80 CPC - Requirement of S.80 CPC can be waived by defendants - Once the defendants have waived the requirement of S.80 CPC by not raising the same in written statement, plaintiff cannot be non suited on the ground of premature nature of suit...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of damages caused due to illegal cutting of trees and for permanent injunction - First appellate Court after appreciating the ocular evidence on record concluded that trees standing on land of plaintiffs were cut by defendants - No perversity in said findings of fact - Suit rightly decreed -..........
Evidence Act, 1872, Section 115 -- Principle of acquiescence - Mere delay in instituting the suit especially when it was filed well within period of limitation prescribed, should not have been held as amounting to acquiescence...........
Evidence Act, 1872, Section 115 -- Principle of acquiescence or estoppel - Suit for recovery of possession - Concurrent findings on record that defendant was encroacher and objection was raised by plaintiff against construction - Plaintiff should not have shut out by rule of acquiescence or estoppel for having made a representation to make defendant to believe that she had..........
