hi fnds i need some help n regard to solve these cases with reasons plz help any one n this regard....
Avinash files as suit against Brij and Suresh to obtain the possession of house X. During the pendency of this suit Dinesh transfers house X to Mahendra. Ultimately, the court passes a decree in favour of Avinash and against Brij and Suresh. Is this decree binding against Mahendra as well?
2. Anurag, proceeding t o Europe, leaves his furniture in charge of Birender, as his agent during his absence. Birender, without Anurag’s authority, pledges the furniture to Chaman, and Chaman knowing that Birender had no right to pledge the furniture, advertises it for sale. Can Chaman be compelled to deliver the furniture to Anurag?
Avinash, residing in Delhi, requests his friend Bishony, residing in Lucknow, for a loan of Rs. 10 lakh. Bishony asks Avinash to come to Lucknow and collect the cheque for the said amount.Accordingly, Avinash collects the cheque at Lucknow. Avinash has failed to repay the loan. Bishony wants to institute a suit for the recovery of loan against Avinash. Mention the place where Bishony can file a suit against Avinash. Give reasons in support of your answer.
Vicky sells to Dimple, by deed, “my estate at Rampur containing 100 bighas”. Vicky has an estate at Rampur containing 100bighas. Can late, on Vicky be allowed to give evidence of the fact that the estate meant to be sold was one situated at a different place and of different size?
X commits an offence by causing injury to Y, punishable under Section 323 of the Indian Penal Code which is punishable for a term of one year or with a fine of Rs. 1,000. Y, makes a complaint to the Metropolitan Magistrate against X after 10 months of the commission of the offence. Can the said court take cognizance of that offence?
1)
Doctrine of lis pendens (section 52): Lis pendens means a pending suit, action, petition or the like. Section 52 of the Transfer of Property Act incorporates the doctrine of Lis pendens. It states that duringthe pendency of a suit in a court of law, property which is subject to a litigation cannot be transferred. When we say that property cannot be transferred what we mean in this context is that property may be transferred but this transfer is subject to the rights that are created by a court’s decree.
For example, A and B are litigating in a court of law over property X and during the pendency of the suit, A transferred the property X to C. The suit ends in B’s favour. Here C who obtained the property during the time of litigation cannot claim the property. He is bound by the decree of the court wherein B has been given the property.
Essentials:
i)There must be a suit or proceeding in a court of competent jurisdiction;
ii)The suit or proceeding must not be collusive;
iii)The litigation must be one in which right to immovable property in directly and specifically in question;
iv)There must be transfer of or otherwise dealing with the property in dispute by any party to the litigation;
v)Such transfer must effect the rights of the other party that may ultimately accrue under the terms of the decree or order.
2)
3)
Section 20: Other suits to be instituted where defendants reside or cause of action arises: Section 20 provides for all other cases not covered by any sections 15 to 19. All such suits may be filed at the plaintiff’s option in any of the following courts; viz.,
i).Where the cause of action, wholly or partly arises; or
ii).Where the defendants resides or carries on business or personally works for again; or
iii).Where there are two or more defendants, any of them resides or carries or carries on business or personally works for again, provided that in such case;
a)either the leave of the court is obtained; or
The defendants who do not reside or carry on business or personally work for gain at that place acquiesce[1] in such institution.
Illustration: A resides at Simla, B at Calcutta and C at Delhi. A B and C being together at Benaras, B and C make a joint promissory note payable on demand, and deliver it to A. A may sue B and C at Benaras., where the cause of action arose. He may also sue them at Calcutta, where B resides, or at Delhi, where C resides; but in each of this cases, if the Non-Resident defendant objects, the suit cannot proceed without the leave of the court.
4) Latent Ambiguity: The word “Latent” Literally means not apparent. It means that although language used in the document is clear and plain, but it is inconsistent with the existing facts. Although oral evidence is not permitted where the language is free from ambiguity, but in view of the practical difficulties faced in applying the document to the facts, oral evidence is permitted to avoid such practical difficulties as provided in Section 95 of the Indian Evidence Act. For e.g. A offers to sell his land situated at Chikkadpally but he had his land at Vanasthalipuram. There is ambiguity in the language used in the deed and existing facts are totally different from the contents of the document. So, oral evidence may be given to show that document referred in fact, to the land situated at Vanasthalipurrn.
Latent ambiguity arises in other situations also as envisaged in section 96. Sometimes when the language of the document is clear and intended specifically to apply to a particular thing or certain set of facts. Practically it will be difficult to decide to which or to whom it is to be applied. In such situations, oral, evidence can be given to clarify and explain the language of the document in which sense it isdrafted. For e.g., A agrees to sell his house situated in Yellareddyguda and A has 2 houses at Yellaeddyguda, in this case oral evidence is permitted to clarify which one of the 2 houses A had offered to sell.
Again when the language used in the document partly applies to one set of facts and partly to another set, as such there is difficulty to ascertain to which the document refers. For e.g., A offers to sell his farm at Sangareddy in the possession of B; A has his farm at Sangareddy, but not in possession of B; and he has a farm in possession of B but situated at Patancheru. In this situation also Section 97 allows oral evidence to clarify the ambiguity.
Oral Evidence can also be given to elucidate the meaning of foreign words, phrases, technical, local and provincial words which are not commonly understood as provided in Section 98