Evidence Act, 1872, Section 101 -- Burden of proof - Suit for possession and permanent injunction - Burden lies upon plaintiffs to establish their title or prior possession, alleged act of encroachment with clarity and certainty...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession and permanent injunction - Courts below after proper appreciation of oral and documentary evidence have concurrently held that plaintiffs have failed to establish location and encroachment over their land - Demarcation reports relied upon by plaintiffs merely refers to certain parts of Survey..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for possession and permanent injunction - Suit filed after an unexplained delay of nearly 37 years from the date of alleged dispossession or encroachment - Cause of action as pleaded having arisen in 2008 on the basis of demarcation - Mere demarcation cannot give rise to a fresh cause of action so as to override the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, recovery of possession, mesne profits and permanent injunction - Defendants had duly admitted title of plaintiff over suit land - Though defendant claimed that there was a gratification of land in his favour, but there is no evidence adduced in support thereof - Documents of title of plaintiff..........
Limitation Act, 1963, Article 109 -- Limitation - Partition suit filed by plaintiff on attaining majority by invoking Art.109 of the Act, without getting sale deed executed by his father, set aside is not maintainable...........
Partition suit -- Alienation by father - Father of plaintiff sold the property when plaintiff was minor for legal necessity and to discharge antecedents debts - Leave of Court thus, not arises - Mere fact that defendants to whom the property was sold not adduced any evidence to prove that they had paid valid consideration, is not fatal to proceedings, as documents relied..........
Limitation Act, 1963, Section 27 -- Extinguishment of right to property - Partition suit - Plaintiff though contended that he is in possession of portion of property, however, no evidence led by him that he was in possession of suit property on the date of filing of suit - S.27 of the Act thus, not given effect to rescue plaintiff's case, as he has not proved his..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that suit land is agricultural land, so civil court has no jurisdiction - Suit filed by plaintiff is not regarding agricultural land - Plaintiff asserted that dispute is qua agreement executed between them and defendants had not complied with the terms of said agreement and without complying with..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 3 -- Rejection of plaint - Barred by limitation - Once limitation prescribed for instituting a cause of action expires and even if limitation is not set up as a defence, it obliges Court to dismiss suit as barred by limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Cause of action for suit first arose on 04.02.2014 and lastly on 21.10.2014 - Suit was filed on 21.11.2017 - As such on the own averments of plaintiff, suit was instituted beyond limitation attracting O.7.R.11(d) CPC - Plaint rejected...........
