Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar by limitation - Suit for declaration and permanent injunction - Cause of action for instituting suit first arose in the years 1993-94 - Period of three years reckoned therefrom would expired in the year 1996-97 - Moreover, suit is an ingenuous attempt on part of plaintiff to throw cloud on the..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering with the plaintiff's peaceful possession and enjoyment of suit property - Plaintiff no.2 though claimed to be owner of suit property but original title deeds of suit property are admittedly with defendants - Even no relief is claimed in the plaint..........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Suit is not maintainable - Plea of adverse possession cannot be made as weapon of offence, rather said plea is available to party in defence - Moreover, once plea of adverse possession has been set up by plaintiffs, it pre-supposes the ownership of defendants over the suit land - Since..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Necessary and proper party - Parties that are neither signatory nor claiming any title through or under parties that are signatory to the Agreement would not assist the Court in effectually and completely adjudicating upon or settling all the questions involved in..........
Agreement to sell -- Specific performance - Contract can be enforced against five categories of persons, namely : (a) either party thereto; (b) any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract; (c) any person claiming under a..........
Adverse possession -- Defendant filed the suit claiming owner of suit property - Period of limitation started running from the date of filing of suit by defendant - Though defendant failed to prove its title but possession of suit property for 24 years remained with him - No counter claim in such suit, claiming relief of possession or separate suit for recovery of..........
Adverse possession -- Title of plaintiff denied over the suit property - There is no question of having acquired title by adverse possession...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Onus is upon plaintiff to prove his title - Plaintiff must prove his title independently, and a decree in his favour cannot be awarded for the only reason that defendant has not been able to prove his title...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Correction in cause title of plaint - Defendant impleaded in his individual capacity and correction sought to implead him as power of attorney holder - Defect is only of a formal nature and is not in any manner effecting the merits or jurisdiction of Court - Such irregularities can be corrected by Courts..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, joint possession and permanent injunction - Maintainability - Defendants acquiring estate of deceased on basis of Will executed by him - Although execution of Will has been proved by defendants no.1, but deceased could not bequeath more than 1/3rd of his share without consent of plaintiff and defendant no.4..........
