Specific Relief Act, 1963, Section 34 -- Suit for declaration and for recovery of possession - Suit properties were exclusive properties of husband of plaintiff and to meet his medical and agricultural expenses, item No.3 of suit properties was sold to defendant No.3 - Defendant No.3 proved that he was bona fide purchaser of property in question - No evidence is..........
Limitation Act, 1963, Article 56 -- Limitation - Suit for declaration, delivery of possession and permanent injunction - Suit not filed within three years of having knowledge of execution of sale deed - Suit filed is not within limitation - Suit filed is barred by limitation - Suit rightly dismissed...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata is not applicable where earlier suit is still pending and Court has not decided the said suit...........
Specific Relief Act, 1963, Section 37, 41 -- Injunction - Title over property along with symbolic possession is claimed in the plaint - Therefore, suit not barred u/ss 37, 41 of the Act...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of L.R's - Suit filed against a dead person - Defendant had died prior to filing of suit - Neither his L.R's can be impleaded nor O.6.R.17 CPC can be invoked - Suit against a dead person is not maintainable...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Provision of O.1.R.10(2) CPC is very wide and powers of Court are equally extensive and Court may at any stage of proceedings order that name of any party who ought to have been joined as a plaintiff or defendant or whose presence before Court may be necessary in order to enable Court effectually and..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey Knowing Pleader Commissioner - When there is dispute over boundary and possession over suit land, Court could not order for appointment of Survey Knowing Pleader Commissioner, as Commissioner could not be appointed to collect evidence on behalf of parties - Application rightly rejected...........
Muslim Law -- Partition suit - Husband and wife have entered into a contract to put an end to marriage and accordingly marriage came to be dissolved - Husband as a part of bargain undertaken to give 1/4th share in subject property to wife - This cannot be run counter to Islamic law which mandates that women should be treated with love and affection - Wife held, rightly..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Relationship between petitioner as erstwhile tenant and landlord not in dispute - Fixation of fair rent confirmed upto Apex Court - Hence, for recovery of fair rent, suit is filed which needs no further deliberation - Leave to defend rightly rejected...........
Specific Relief Act, 1963, Section 39, Easements Act, 1882, Section 52 -- Licence - Defendants have been in possession of suit land exclusively and have been using it admittedly for the last 22-23 years - There is no iota of evidence on record that any amount was being paid as licence fee, nor was it recorded in the revenue document that defendants were in possession as a..........
