Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17, 49 -- Unregistered gift deed - Suit for declaration on the basis of unregistered gift deed is nullity in law u/s 123 of T.P. Act, as validity of said document is void ab initio and document is not admissible in evidence u/s 49 of Registration Act...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for declaration based on unregistered gift deed is nullity in law u/s 123 of T.P. Act - Cause of action cannot arise on basis of void document - Plaint rejected...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff filed suit for declaration on the basis of family settlement - Defendant denied his signatures on alleged family settlement - It was incumbent upon plaintiffs to have led all evidence in affirmative to prove said alleged family settlement - Moreover, there is nothing on record to show that..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration that plaintiffs are owners in possession of land and any change in revenue record by consolidation officer vide mutation on the basis of tenancy is illegal and null and void and not binding upon plaintiff - Consolidation Officer had jurisdiction to order correction in revenue..........
Commercial Courts Act, 2015, Section 2(1)(c)(vii) -- Commercial dispute - No dispute regarding agreement relating to immovable property - There is no pleading to the effect that immovable property is being used exclusively in trade or commerce - Civil Court thus, has jurisdiction to decide the suit for declaration on basis of registered sale deed...........
Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had claimed relief of joint possession - Sale deed in question was void - Plaintiff could not be said to have executed sale deed - Therefore, plaintiff could indeed have maintained an action to obtain possession of property on the basis of her title..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that decree is illegal, null and void and not binding upon rights of plaintiff and same is liable to be set aside as decree is obtained on the basis of forged signatures - No family settlement was brought on record on the basis of which judgment and decree was passed - Once plaintiff had not signed the plaint..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration on basis of adverse possession and permanent injunction - Plaintiff has relied upon agreement to sell to prove her ownership over suit property - However admittedly, said agreement was not proven on record in terms of S.64 of Evidence Act - Original agreement was never produced by plaintiff - Even no..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff filed a suit for declaration of ownership on basis of sale deed and also challenged the subsequent sale deed in favour of respondent no.1 - Application for impleadment of another buyer of subsequent sale deed was filed after 8 years of filing of suit - On the date of filing application..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and permanent injunction on basis of Will - For purposes of grant of interim injunction, it is sufficient that plaintiffs have a Will in their favour which prima facie establishes a case in their favour - Factum of veracity, authenticity and legality of Will is a matter of trial..........
