Law: Civil Procedure Code (V of 1908)

Section: 9,O.XXXIX,rr.1&2

Law: Contract Act, 1872

Section: 2(e)

Law: Specific Relief Act, 1877

Section: 42

(a) Civil Procedure Code (V of 1908)---S.9, O.XXXIX, rr. 1 & 2--Specific Relief Act (I of 1877), S.42--Suit for declaration, injunction and possession--Plaintiff's sister and brother claiming ownership of property constructed on Government land with their father--Plaintiff claiming to have purchased property from her father while defendant claiming to have raised structure from his own resources--Plaintiff producing tax payment receipts paid by her as owner of property in dispute--Defendant as against this though not disputing that property was assessed to tax but producing no evidence that he ever paid property tax--Defendant also leading no evidence to establish that he constructed suit property from his own income-­Defendant contending that plaintiff was his tenant but failing to sub­stantiate such claim--Held, defendant failed to prove that structure in suit property belonged to him. (b) Civil Procedure Code (V of 1908)-- ---S.9, O.XXXIX, rr. 1 & 2--Specific Relief Act (I of 1877), S.42--Suit for declaration-- Plaintiff producing oral and documentary evidence that she was in possession of half portion of property wherein she was running a school and residing which was purchased by her from her father who executed receipt for amount received as well as agreement of sale--Defendant failing to prove that agreement of sale in favour of plaintiff a forged document--Plaintiff, held, acquired right and title over half portion of property--As plaintiff not dispossessed from property no decree for possession necessary against defendant. (c) Contract Act (IX of 1872)---- ---S.2(e)--Civil Procedure Code (V of 1908), S.9--Agreement of sale of property--Execution of--Mere fact that document of agreement of sale was shown to have been executed on a date which could not possibly be date of its execution, held, was not sufficient to prove that document was forged if otherwise its execution by party was established. (d) Civil Procedure Code (V of 1908)-- ---S.9--Suit for possession--Where parties in suit not claiming ownership of land but only claiming ownership of structure, possession held, was determining factor. JUDGMENT The plaintiff has filed this suit for…

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