Civil Law II

Himachal Civil Services Judicial
Examination, 1998
Civil Law Paper II
Time : Three Hours                                                                                                                                                                                                                                                    Maximum Marks : 200

Note :  Attempt five questions selecting one from each part.  Write legibly quoting provisions of law and relevant case-law.  Each part of the question must be answered in sequence in the same continuation.

Q.  1(a)  "Hindu Marriage is no longer a sacrament.  If it is not a contract at least it is an agreement between male and female".  Comment.
(b)  A Hindu wife was granted divorce by the court.  She remarried before the expiry of period of appeal.  The husband filed an appeal against the decree of divorce and won in appeal.  Examine the legality of wife's remarriage.
(c)  A female Hindu inherits from her mother.  She dies leaving her husband and her sister's daughter.  Determine the successor to the property.
Q.  2.  (a)  A Hindu wife did not like to have children.  Whenever she was pregnant, she resorted to abortion, inspite of opposition of her husband and in-laws.  The husband filed suit for divorce on the ground of cruelty of his wife.  Decide.
(b)  A borrowed Rs. 15,000/- from C from paying bribe to a rich Hindu widow B for inducing her to take one of his sons in adoption.  Few months after he died.  C filled a suit against the sons of A for recovery of his money.  Decide.
(c)  Examine the validity of adoption of 15 years old boy by an unmarried Hindu woman of 35 years of age, giving the correct position of law on the point.
Q.  3  (a)  A, a Muslim agreed in the marriage contract authorizing the wife B, to divorce herself from him in the event of his marrying a second wife without her consent.  After some time A married another lady 'C' without the consent of B.  Some time after the second marriage of A, B claimed divorce.  A resists the claim contending that B lost her right as she ought to have exercised her option at the very first moment she heard the news.  B contended that injury done to her is a continuing one and she has a continuing right to exercise the power.  Decide.
(b)  H and W are Muslim husband and wife.  Due to quarrel, W began to live separately and claimed maintenance.  During pendency of the proceedings, H married another lady 'X'.  It was argued by H that since W left the house on her own, and he is still prepared to keep her in his house, and so she is not entitled to maintenance.  'W' contended that H treated her cruelly and now compelling her to live with 'X', which is still more cruelty to her.  Decide.
(c)  A Muslim minor girl, who had been disposed of in marriage during her minority by her mother, repudiated her marriage on attaining puberty and married another person.  Is she guilty of bigamy ? Give reasons.
Q.4  (a)  A Muslim dies leaving his widow and a sister.  The widow took possession of the entire property of her husband and got entered her name in the records, in spite of the objections by the sister before the Collector.  After ten years the sister sued the widow for her 3/4th share in the property.  The wodow contended that she is entitled to continue in possession until payment of her dower.  Decide.
(b)  A Muslim owes a sum of money to C.  He dies leaving certain heirs.  The heirs sold the property to P, before payment of the debt due to C.  P bought the property without notice of the debt.  C obtains a decree against the heirs and got attached the property sold to P in execution.  It was contended by C that the heirs had no right to sell the property before payment of the debt.  P claimed to be a bona fide purchaser for value without notice, so he cannot be made to suffer.  Decide.
(c)  A, a Muslim had two sons B and C.  On certain controversy with A, B shot him dead.  C took possession of all the property of A.  B sued C for his share of inheritance in A's property.  C denied B's share holding him as murderer of A.  Decide.
PART-III
Q.5  (a0  "Rules of limitation are infamous powers created by law to decrease litigation and encourage dishonest defence."  Do you agree with this view  ?  Give reasons for your agreement or disagreement.
(b)  A's suit was dismissed and period of limitation for appeal has expired, because the clerk of his lawyer kept the certified copies of the judgment and decree with him and forgot to inform A.  Advise A.
(c)  A's suit was decreed.  After 3 years A wants to get executed his decree.  (Limitation is 3 years)  Advise A.
Q.  6  (a)  State of Himachal Pradesh filed a suit for the recovery of land against A after expiry of the limitation period.  Defendant said that the suit is barred by limitation.  It was contended on behalf of the State that the Government is exempted from limitation rules.  Decide.
(b)  A incurs a debt to a firm of which B, C and D are partners.  B is insane and C is a minor and only D looks after the business.  Advise D as to whether he should wait till B and C are cured or file the suit alone on behalf of the firm within 3 years.
(c)  Cause of action accrued to a minor in 1988.  In 1989, he died.  His legal representative is his younger brother aged 10 years in 1989.  Limitation period is three years.  Recommend the time by which suit should be filed.
PART-IV
Q.  7(a)  A sold his house to B for Rs. 25000/- and sale deed was executed but was not registered at the time of execution.  However the deed was presented for registration after about three years.
(b)  A executed a will in favour of B and died.  After his death, B presented the will for Registration.
(c)  A contracted to sell a plot to B and a contract deed was drawn up.  Meanwhile A died.  B alone presented the deed for Registration.
Q.  8  (a)  The judgment-debtor in an execution proceeding, filed a suit against the purchaster of a house in the court auction in the execution proceeding, for ejectment on the ground that he was the owner of the house and he did not execute any sale-deed in favour of the purchaser.  The purchaser contested on the ground that he purchased the house in a court-auction and a sale certificate was issued to him by the court, which does not require registration.  Decide.
(b)  A, B, C and D entered into a partnership budiness.  They want to get registered the partnership agreement.  State the procedure.
(C)  A sub-registrar is approached by a person to accompany him to his house for registering a will executed by his father, who is a paralytic and is unable to move.  Advise the sub-registrar.
PART V
Q.  9  (a)  "A lease is not mere contract but a transfer of an interest in land and creates a right in rem."  Amplify.
(b)  Differentiate between lease and license.
(c)   The premises of bank were used for the residence of the manager without any rent.  Was it a lease or licence ?  Give reasons.
Q.  10.  Examine the validity of the following transfers  :
(a)  A testator died leaving his property to his wife for life.  H also gave power to his wife to arrange for their son and his issues in such manner, as she thought fit.  The wife died leaving will, whereby she gave the property to her son for life, with remainder to such of his children living at her death as shall attain the age of 25 years.  All the son's children attained 25 years age before the wife died.
(b)  A transfers property to B in trust for C, and directs B to give possession of the property to C, when he attains the age of 25 years.
(c)  A makes a gift of land to B.  Subsequently C sues A for possession of the land.  While the suit is pending, b transfers the land to D.  A dies.  C obtains a decree of possession against B, as legal representative of A.  C got the land attached in execution of the decree.  D filed an objection that B was not a party to the suit at the time of transfer by B to D.  Moreover A's gift was made before the suit.  Decide.