Search Results for: plaintiff

Plaintiff has to succeed only on strength of his case and not on weak defence case in a suit for declaration of title and possession-SC 2014

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Union of India and others Vs. Vasavi Co-op. Housing Society Ltd-2014-POSSESSION AND TITLE- A family settlement is based generally on the assumption that there was an antecedent title of some kind in the purchase and the arrangement acknowledges and defines what that title was. In a family settlement-cum-partition, the parties may define the shares in the joint property and may either choose to divide the property by metes and bounds or may continue to live together and enjoy the property as common.

In a suit for partition, the plaintiff produced Land Records – Whether he needs to prove the same?

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The Supreme Court in Choote Khan V. Mal Khan [1954 AIR 575, 1955 SCR 60] while considering the nature of the entries in Jamabandi and as to whether such entries fall within the purview of Record of Rights maintained under Section 31 of the Punjab Land Revenue Act, 1887 observed that “by section 44 of the Punjab Land Revenue Act an entry made in the record of rights or in an annual record shall be presumed to be true until the contrary is proved. That entries in the Jamabandies fall within the purview of the record of rights under section 31 of the Act admits of no doubt.

Plaintiff and Defendant

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(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 other representative; (f) easement includes a right not…

Death of plaintiff shall not abate suit if decreed in a defamation suit, legal heirs shall be substituted- SC

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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]

A plaintiff can on strength of his possession resist interference from persons who have no better title than himself

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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.