Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for recovery of money for damages - Exact amount has to be determined by Court - Since liquidated amount of Rs.1,50,000 as compensation was claimed by plaintiff, he was required to pay Court fee on said amount - In case subsequently more compensation is awarded, Court would call upon plaintiff to deposit Court..........
Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, Section 3, 4 -- Land grabbing - Applicant proved her possession by virtue of title deed and also took out a Commission which identified property in possession of appellant - Special Court also spoke of suits filed by appellant, one of which, seeking injunction against applicant was rejected and other seeking injunction..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Suit for specific performance - Issue as to whether plaintiffs are entitled for possession of subject matter of agreement without partition amongst other brothers and mother of petitioner, is a mixed question of law and fact - Unless plaintiffs proves readiness and willingness, no decree for..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For entertaining a plaint and for rejection of a plaint, contents of averments made/pleaded in plaint are required to be seen and if no cause of action has arisen, then suit can be rejected U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Concurrent findings of Courts below that plaintiff failed to prove encroachment or interference by defendants - Demarcation report and expert witnesses confirmed that both the parties were in possession of their respective Khasra numbers disproving plaintiff's case of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Wrong khasra number was mentioned in plaint - Amendment sought is necessary to fully and properly adjudicate the case - Issues had not been framed and suit was at pre trial stage - Application rightly allowed...........
Partition suit -- Co-sharers - Each and every co-sharer is in possession of joint land and each co-sharer can seek partition of property at any time...........
Partition suit -- Co-sharers - Defendant and plaintiff are real brother and sister and property was purchased in joint names of parties - Execution of sale deeds in joint name itself has been admitted by defendant - Defendant was in actual possession of suit property - However, merely because plaintiff was residing separately does not mean that she has no right over suit..........
Partition suit -- Co-sharers - Execution of sale deeds in joint name of both plaintiff and defendant itself has been admitted by defendant - However, defendant has taken two contradictory pleas i.e. one that he is in exclusive owner in possession of suit property and the other, that he has become owner of suit property on basis of adverse possession - Plea of adverse..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit without seeking liberty to file fresh suit - Plaintiff abandoned his prayer with respect to declaratory relief - Plaintiff cannot maintain present suit seeking same relief without seeking permission to file fresh one at the time of withdrawal of earlier suit abandoning his claim...........
