(e) defendant includes (i) any person from or through whom a defendant derives his liability to be sued; (ii) any person whose estate is represented by the defendant as exe-cutor, administrator or […]
In a suit for defamation if relief claimed is for damages alone, the suit shall be abated on death of plaintiff
The maxim of actio personalis cum moritur persona has been held inapplicable only in those cases where the injury caused to the deceased person has tangibly affected his estate or has caused an accretion to the estate of the wrong doer.
Death of plaintiff shall not abate suit if decreed in a defamation suit, legal heirs shall be substituted- SC
MELEPURATH SANKUNNI EZHUTHASSAN Vs. THEKITTIL GEOPALANKUTTY NAIR – The position, however, is different where a suit for defamation has resulted in a decree in favour of the plaintiff because in such a case the cause of action has merged in the decree and the decretal debt forms part of his estate and the appeal from the decree by the defendant becomes a question of benefit or detriment to the estate of the plaintiff-respondent which his legal representatives is entitled to uphold and defend and is, therefore, entitled to be substituted in place of the deceased respondent-plaintiff. [ Supreme Court- 29-11-1985]
In a suit for recovery of possession based on title it is for plaintiff to prove his title and satisfy court that he is entitled to dispossess defendant from his possession.
SUPREME COURT OF INDIA DIVISION BENCH ( Before : S. B. Sinha, J; P. K. Balasubramanyan, J ) ANIL RISHI — Appellant Vs. GURBAKSH SINGH — Respondent Civil Appeal No. 2413 of […]
Where suit for partition and possession alleging that an earlier partition was sham and not acted upon, Court fee has to be paid on market value of plaintiff’s share
The Trial Court has rightly held that the petitioner is liable to pay the Court fee as provided u/s 35(1) of the Karnataka Court Fees and Suits Valuation Act. Taking into consideration […]
In a suit for injunction based on prescriptive easement, the plaintiff should seek declaration that he has acquired the right
Easementary right of way — It has been statutorily declared that an easement which under no circumstances can be advantageous to the dominant heritage shall cease to exist. It has been Judicially […]
The plaintiff claiming a right of easement filed a suit out of which this appeal arises to restrain the first defendant from raising any wall which would obstruct his right to light […]
Distinction between a suit for cancellation of a deed affecting certain property and a suit for declaration that a particular document is inoperative as against the plaintiff.
There is a clear and well marked distinction between a suit for cancellation of a deed affecting certain property and a suit for declaration that a particular document is inoperative as against […]
A plaintiff can on strength of his possession resist interference from persons who have no better title than himself
The plaintiff can on the strength of his possession resist interference from persons who have no better title than himself to the suit property. Once it is accepted, as the trial court and the first appellate court have done, that the plaintiff was in possession of the property ever since 1947 then his possession has to be protected as against interference by someone who is not proved to have a better title than himself to the suit property.
“When the plaintiff being a wrong doer is not entitled to claim an equitable relief of declaration of title under Section 34 of Specific Relief Act”-EXPLAIN
The declaratory relief under Section 34 of Specific Relief Act is purely a discretionary and equitable relief. To claim such equitable and discretionary relief, the plaintiff has to approach the Court with […]