suit property based on the agreement to sell which plea
is mutually destructive to the plea of adverse possession. He justifies
the order passed ... sell dated February 02, 2008, and such a
plea is mutually destructive to the plea of adverse possession.
31. I agree with the submission made
Plaintiff has submitted that the Defendant No.1 has taken mutually
destructive pleas by on the one hand contending that there is no
concluded Agreement ... Defendants to take mutually
inconsistent pleas but it is well settled that this does not entitle a party to
take mutually destructive pleas
aforenoted two submissions of Mr. Gogia
are mutually destructive. On one hand, Mr. Gogia
would submit that his client is not an employee ... India Ltd
vs. Union of India and others ) held that a mutually
destructive plea is impermissible in law. At para
28, it has enunciated thus
both the plea of co-tenancy and adverse possession were mutually destructive.
6. The Consolidation Officer, Faizabad by means of the order dated 17.02.1984 rejected ... adverse possession cannot be pleaded simultaneously as it is a mutually destructive plea. It is submitted that in law, a party is entitled to take
India and others , (2006) 12 SCC
233 ) held that a mutually destructive plea is impermissible
in law. At para 28, it has enunciated thus ... also the workmen of the principal
employer. To raise such a mutually destructive plea is
impermissible in law. Such mutually destructive plea,
in our opinion
suit property in favour of Zehrabai, being not
consistent with and mutually destructive, to pleadings in paragraph-
5 of the plaint, the trial Court ought ... contradictory allegations in negation to the admitted position of
facts or mutually destructive allegations of facts should not be
allowed to be incorporated by means
defendant, both the Courts found
that the defendant was taking mutually destructive defence. On the one
hand, the defendant claims for a right and title ... claiming
title through adverse possession. Both the Courts held that such mutual
destructive pleas cannot be taken by the defendant and accordingly, the
defence taken
contradictory allegations in negation to the
admitted position of facts or mutually destructive allegations of facts
should not be allowed to be incorporated by means
contract through the suppression of the existence of a mutually
destructive clause facilitating a window for the insurer to escape from the
liability while drawing
novelty on a singular point that Defendant cannot t ake self-destructive
and mutually inconsistent pleas. Reliance was also placed on Procter &
Gamble Manufacturing ... should not be perm itted t o raise pleas
which are mutually destructive of each other, as held by the Supreme Cou rt
in Srinivas
