Revenue record -- When document of title shows plaintiffs to be owners of property and there is clear recital that possession was handed over to plaintiffs then entry in revenue record showing defendants in continuous possession of suit property loses any significance...........
Civil Procedure Code, 1908, Order 16, Rule 21, Evidence Act, 1872, Section 120, 137, 138, 139, 154, 155 -- Party as its own witness and a witness - Provisions of the Code as also Evidence Act do not differentiate between a party to the suit acting as a witness and a witness otherwise called by such a party to testify...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9, 10 -- Appointment of Commissioner - Application for appointment of commission is filed by plaintiffs on the first date of hearing before High Court - Application can be moved by any party to the suit at any stage and any time during the pendency of suit - If application for appointment of commission is allowed,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Report filed by commissioner is always subject to evidence of parties and is admissible in evidence - Commissioners are competent witness and they may be called for evidence during the trial, if desired by any party to suit and other party will always have an opportunity to cross examine them...........
Civil Procedure Code, 1908, Order 12, Rule 2 -- Admit or deny a document - Either party may call upon other party to admit any document and in case of refusal or neglect to admit, costs of proving such document shall be paid by party so neglecting or refusing whatever the result of suit may be...........
Suit for Specific Performance -- Liability to pay compensation - - Defendant No.7 has purchased one acre of land under registered sale deed - First defendant has alienated one acre of land in favour of defendant No.7 after expiry of the period stipulated vide agreement - Defendant No.7 has stated that he would not have purchased this property if he had known that there..........
Suit for Specific Performance -- Courts are bound to scrutinize the totality of the circumstances, evaluating not only the plaintiff's conduct, communications and overall engagements with contractual process, but equally the conduct of the defendants who are guilty of laying several obstacles and creating an environment which momentarily compels the plaintiff to take one..........
Suit for Specific Performance -- Liability to pay compensation - - Defendant No.7 has purchased one acre of land under registered sale deed - First defendant has alienated one acre of land in favour of defendant No.7 after expiry of the period stipulated vide agreement - Defendant No.7 has stated that he would not have purchased this property if he had known that there..........
Suit for Specific Performance -- Courts are bound to scrutinize the totality of the circumstances, evaluating not only the plaintiff's conduct, communications and overall engagements with contractual process, but equally the conduct of the defendants who are guilty of laying several obstacles and creating an environment which momentarily compels the plaintiff to take one..........
Court Fees Act, 1870, Section 7, Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Claim of damages of 10 crores - In a suit for damages, ad-valorem Court fee is payable on the amount of damages claimed - Order rejecting application for rejection of plaint, set aside - Matter remanded...........
