Search Results Page
Search Results
1 - 10 of 10 (0.26 seconds)Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
Section 5 in The Specific Relief Act, 1963 [Entire Act]
Section 34 in The Specific Relief Act, 1963 [Entire Act]
Union Of India & Ors vs Vasavi Co-Op. Housing Society Ltd. & Ors on 7 January, 2014
49. The learned counsel for the appellants relied upon
the judgment of the Apex Court in the case of Vasavi Coop.
Housing Society Ltd. (supra), wherein discussed with regard to
Sections 34 and 5 of the Specific Relief Act. No doubt, the
burden is on the plaintiff to establish his case, but the plaintiff
has relied upon the title deed of 1901 and 1937 document.
Ramanuja Naidu vs V. Kanniah Naidu And Anothers on 12 June, 1996
26. The counsel also relied upon the judgment reported
in (1996) 3 SCC 392 in the case of RAMANUJA NAIDU vs V
KANNAIAH NAIDU AND ANOTHER as regards the scope of
interference by this Court. The concurrent findings of fact arrived
at by the Courts below cannot be interfered under a second
appeal. The counsel in support of his contention also relied upon
the following judgments reported in:
Karnataka Board Of Wakf vs Anjuman-E-Ismail Madris-Un-Niswan on 10 August, 1999
(1999) 6 SCC 343 in the case of Karnataka Board of
Wakfs vs Anjuman-E-Ismail Madris-Un-Niswan;
(2005) 12 SCC 270 in the case of Harjith Singh and
another vs Amrik Singh and another;
Section 68 in The Indian Evidence Act, 1872 [Entire Act]
Section 35 in The Indian Evidence Act, 1872 [Entire Act]
Sanjay Sandhir vs Vimal Kumar on 9 January, 2019
The learned counsel also relied upon the
judgment in the case of Sanjay (supra), wherein discussion was
made with regard to Order 18 Rule 3A of CPC, but the fact is
that the plaintiff examined P.W.4, but his evidence has not been
completed. No doubt, P.W.1 has been examined earlier, but he
is only an attesting witness to the document of title deed. The
evidence of P.W.5 is very clear with regard to claiming of the
title based on the documentary evidence on record.
1