Indian Contract Act, 1872, Section 65 -- Restitution - Possession delivered to proposed vendee under agreement to sell - Defendant claims that plaintiff lost his title over the suit land and contract stands frustrated - Defendant being beneficiary under the void contract needs to restore back the advantage that he received under the void agreement as per the mandate of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to elaborate the pleadings which are already pleaded in the written statement by adding legal pleas, that (a) suit is hit by O.2.R.2 CPC; (b) suit is barred by limitation; (c) that they have perfected their title by adverse possession - Defendants have not withdrawn any..........
Rent and Eviction -- Compromise - Tenant was to deposit 12,500/- - In case this amount was deposited eviction petition was to be dismissed and in case this amount was not deposited then eviction petition was to be decreed - Tenant deposited this amount - Consent order dismissing petition was passed - In execution of consent order an order was passed that name of tenant be..........
Police has no power to resolve civil disputes -- Neither Cr.P.C/BNSS nor Police Act nor any other law governing powers and duties of police confers power upon police to adjudicate disputed question relating to title, possession, boundary, encroachment etc. - Police has no authority to act as a Civil Court to adjudicate civil dispute set out in the complaint - They are..........
Specific Relief Act, 1963, Section 38, 34 -- Suit for injunction simplicter without seeking relief of declaration - Plaintiff asserted his title over trees grown in the suit land - Defendants however, specifically stated that trees were sold along with suit property - When there was a clear cloud cast on plaintiff's title over trees, plaintiff must ask for relief of..........
Transfer of Property Act, 1882, Section 54 -- Sale - Where a vendor sells his right, title and interest in the land unless expressly or impliedly provided in the agreement, sale of land would also include trees standing thereon...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment to advocate Commissioner - Suit for declaration of right and title over suit property and injunction - Burden of proof is always on plaintiff to establish his lawful title and possession over suit property - So the question of localization of suit property and noting down the physical features of property by..........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 102 -- Suit for declaration of title - Burden of proof - Burden always lies on plaintiff to make out and establish a clear case for granting such a declaration and weaknesses, if any, of the case set up by defendant would not be a ground to grant relief to plaintiff...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession after evicting defendants - In a suit for ejectment based on title, it was incumbent on the part of Court to record a finding on the claim of title to suit property - Court is also bound to enquire or investigate that question on first before going into any other question that..........
Mutation -- Dispute regarding death of person - This issue can be agitated before regular forum - Mutation entry is for fiscal purposes and it does not decide any right, title or interest of any party...........
