Specific Relief Act, 1963, Section 34 -- Suit for declaration and recovery of possession - When there is a specific admission on part of plaintiff herself to the effect that suit property belongs to defendant, then entire relief sought for by her seeking declaration and recovery of possession in respect of suit property have to necessarily fail - More so, plaintiff also..........
Recovery suit -- Defendant was set ex parte - Only defence raised by defendant in written statement was that document admitting outstanding amount was not executed by an authorised person - However, apart from said document plaintiff has placed on record relevant invoices - Ledger statement relating to defendant shows a closing balance of Rs.2,21,40,895 - Memorandum of..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Commissioner - Neither it is open to Commissioners to record any finding with regard to possession of suit land nor to record statements of witnesses to ascertain as to which of party is in possession of suit land - However, Commissioner is well within his jurisdiction to submit a report as regards physical features existing..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction against dispossession - Plaintiff being real owner is seeking injunction against his dispossession without prima facie showing that he is in possession of portion of suit land - Proper course for plaintiff is to file a suit for possession or mandatory injunction against defendants who are..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Proceedings u/s 6 of the Act is summary proceedings - Question of title or better rights of possession does not arise for adjudication in such proceedings where only issue required to be decided is as to whether plaintiff was in possession at any time six months prior to date of filing of suit...........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Trial Court while taking into account evidence on record decreed suit but could not come to a specific finding to the effect that plaintiff was in possession of suit land on the date on which it was alleged that defendants entered into suit land - Taking into account that proceedings are summary in..........
Limitation Act, 1963, Section 14 -- Exclusion of time u/s 14 of the Act - Dismissal of earlier suit on the ground of bar u/s 69(2) of Partnership Act falls within the purview of S.14 of Limitation Act...........
Limitation Act, 1963, Section 14 -- Exclusion of time u/s 14 of the Act - Plaintiffs had filed an earlier suit against defendants and suit was dismissed as barred u/s 69(2) of Partnership Act, since firm was unregistered - However, defendants in their written statement had specifically urged the plea that suit is not maintainable in view of S.69(2) of Partnership Act - An..........
Money suit on basis of agreement -- When suit is not upon a negotiable instrument but upon an agreement, mere proof of its execution does not entail in any presumption regarding consideration or truth of contents - Mere proof of execution of a document does not amount to proof of contents and truth of recitals therein...........
Money suit on basis of agreement -- Defendant borrowed Rs.30 lakhs from plaintiff and an agreement was executed by defendant in his favour, agreeing to repay the amount - He also handed over two post dated cheques - Neither there is any evidence to show source of money nor there is any witness for passing of money from plaintiff to defendant - PW2 is only a witness to..........
