Civil Law II

Himachal Civil Services Judicial
Examination, 2005
Civil Law Paper II
Time Allowed : Three Hours                                                                                                                                                                                                                            Maximum Marks  : 200

Note  :  Questions Nos. 1 and 8 are compulsory.  Attempt three more questions from the rest.  In all five questions are to be answered.  Write legibly quoting provisions of law and relevant recent case law.  Each part of the question must be answered in sequence in the same continuation.  Give reasons for your answer.
Q.  1  (a)  The defendant Ram Charan Ram Gopal entered into five contracts with plaintiff under which it undertook to supply to the plaintiff 184 bales of specified cloth manufactured by the New Victoria Mills jalandhar as soon as prepared by the Mills.  There was no clause in the agreements that the supply would depend on the delivery of the goods from the mills.  When the remaining 61 bales were not supplied, the plaintiff gave notice but the defendant failed to reply and did not even supply the goods.  The main plea in the suit that the goods were not delivered by the Mills and the performance of the contract was not possible due to circumstances beyond its control.  Write down your decision with giving reasons.
(b)  The defendant Ram Lal betel-seller took the plaintiff Sunder Lal's wooden shop on rent and despite the tenant's prudent care, the rioters set fire to the shop and destroyed it and the defendant according to the terms of the agreement failed to "return the same in the same condition".  Whether the defendant as its bailee is liable to make good the loss and pay damage to the plaintiff?  Discuss.
(c)  On April 10, 2004 'A' offered to 'B' to sell his car for 5 lac rupees.  B was asked to signify his acceptance by April 18, 2004, On April 12, 2004, 'A' sold his car to C for 6 lac rupees.  This he did without revoking his offer to B.  However, B came to know of this fact through other sources on April 14, 2004.  Still he signed his acceptance of the offer on April 16, 2004.  Has this resulted into a binding agreement between A and B  ?  Give reasons.
Q.  2  (a)  Two real brothers Hukum Singh and Sukhram and Sukhram's son Chhidda constituted a Joint Hindu Family governed by the Benaras School of Mitakshara Law under which a coparcener without obtaining the consent of the other coparceners was not competent to sell his undivided share for his own benefit.   Hukum Singh died in 1952 and his widow Smt.  Kishan Devi on 15.11.1956 sold ½ share in the family house and shop to Ram Avtar.  Sukhram and Chhidda filed a suit, which was contested upto the Supreme Court of India (Appeal No. 21, 2004)
Answer the following questions  :-
(i)     Whether the sale deed is liable to be cancelled  ?
(ii)    Whether the Hindu Widow's right in the property of the Joint Hindu Family became larger than her deceased husband  ?
(iii)    Whether Kishan Devi continued to have only a limited interest  ?
(iv)    Whether the Hindu widow Kishan Devi had already become absolute owner  ?
(b)   'A' Joint Mitakshara Hindu Family consists of M and his two sons.  N, O and a son NS and daughter ND of N.  N dies.  Distribute the property of N.
Q.  3  (a)  K had three wives.  K executed a Will in 1932 giving the disputed property to D daughter of his second wife, as also his three wives in lieu of their maintenance.  The Will stated that three wives had limited right to enjoy the property their life time.  K died in 1932, his first wife and second wife died in 1953 and 1960 respectively and third wife died in 1965, after the enforcement of the Hindu Succession Act 1956.  Before the death she executed a Will in 1965 of the said property in favour of S her first husband's son.  On the basis of the Will executed by the third wife S filed a suit for declaration.  Discuss.
(b)  The Shebait of temple agree to appoint the family of C as pujaris from generation to generation to perform the services of the temple and make provision for the expenses and remuneration of the office.
(i)  is this agreement valid  ?
(ii)  Whether the agreement is effected by Section 14 of the Transfer of Property Act.
(c)   G was granted divorce by the court against J.  G got remarried before expiry of the period of appeal.  J filed an appeal against divorce and it has been granted.  Discuss the validity of the second Marriage of G.  Will it make any difference, if appeal is dismissed?
Q.  4  (a)  First Mortgage to A of 50 bhigas and then second Mortgage to B of 8 Bhigas of these 50 Bhigas and 4 other Bhigas.  A obtained a decree for sale on his mortgage without making B a party and purchased the 50 Bhigas himself.  B then sued to redeem; A and he had the right to redeem the 50 Bhigas, but if this had been allowed A as assignee of the equity of redemption could have again redeem the 8 bhigas and 4 bhigas of the puisane Mortgage.  B can redeem the 50 Bhigas  ?  Discuss.
(b)  A mortgages X and Y to B.  A then mortgages X to C.  C brings X sale in enforcement of his mortgage and himself purchase X.  B then obtains an order for sale on his mortgage.  Can C entitled to require B to bring Y to sale first and realize his security as far as possible out of Y.  Discuss.
(c)  A property is given to anil for life and afterwards to Bimal.  Bimal transfers this interest to Chandan, Bimal dies during the life time of Anil.  Chandan claims the property  ?  Decide.
Q.  5  (a)  Mention in detail the provisions relating to computation of period of Limitation under the Limitation Act, 1963.
(b)  Taj Hotel arranged food etc for a marriage party of Richie consisting of 80 persons on 30th June, 2004 at the rate of Rs. 250/- per person.  Rs. 15,000/- remained unpaid.  Advice Taj Hotel about the period of limitation for filing a suit.
(c)  Rohit files a suit against Mohit for recovery of possession of house X on the ground that he is the owner of the house X.  While the suit is pending, Gautam transfers house X to Baldev.  Ultimately, the court grants a decree in favour of Rohit.  Is this decree binding on Baldev  ?  Discuss.
Q.  6  (a)  A obtained a decree for his debt against B.  Before the property could be attached in execution, B sold the property to C in part satisfaction of a debt due to her.  the property was then attached and sold in execution to D.  Discuss whether C is entitled to possession as against D.
(b)  Discuss the following gifts  :
(i)  a makes a gift to X, Y and Z.  Y and Z accept while X refuses.
(ii)  A gift comprising both existing and future property.
(c)   Discuss with reasons the validity of adoption in the following cases  :
(i)  A died in 1950 leavingb a son (S) and a widow (W).  S died unmarried in 1951.  W adopted X.
(ii)  A died in 1950 leaving a widow (W).  W adopted X in 1951.  X died unmarried in 1952.  W adopted Y in 1953.
(iii)  A died in 1950 leaving a son (S) and a widow (W).  S married in 1951 and died in 1952 leaving a widow (W2) and son (SS).  In 1953, W2 died.  In 1954 SS died unmarried.  W adopted Y in 1955.
(iv)   A who has an adopted Son B, adopts C.
Q.  7  (a)  A borrows Rs. 10,000/- from B and mortgages A's flat to B by a registered Mortgage deed, but A retains possession of the flat.  A then sells the flat to C for Rs. 20,000/- who is not aware of the mortgage in favour of B.  Can B enforce his Mortgage against C  ?
(b)  M, a Mulim died leaving a widow and two minor sons.  (The widow's share according to Muslim Law is 1/8 of the deceased's property).  She got herself registered as owner of the whole of the property and then mortgaged it to A.  A subsequently obtained a decree for sale on his mortgage and purchased it himself in the court sale.  He then sold it to B.  the sons on attaining majority file a suit against B claiming their 7/8 share of the property from B.  Will they succeed?  Discuss with the help of relevant provisions and case law.
(c)  Ram leave a cow in the custody of Shyam to be taken care of.  A calf is born to the cow while the cow is still in the custody of Shyam.  Discuss whether the calf should go to Ram or Shyam.  Support your answer with reasons and relevant provisions of the Indian Contract Act.
(d)  Ram invites Shyam for dinner.  Shyam accepts the invitation but he fails to attend the dinner.  Ram files a suit against Shyam to claim damages for breach of contract.  Will Ram succeed ? Decide with reasons.
Q.  8  (a)  Describe the various modes of vacancy of building under H.P. Urban Rent Control Act.
(b)  State the circumstances when a tenant can be exonerated from his liability of ejectment on the suit of a landlord on the ground of default in the payment of rent.
(c)  'A' had let out a shop to 'B' where B was running his business.  After the death of 'B', his eldest son 'C' continued the business and for some time had been paying rent also.  Later on 'C' committed default in the payment of rent so much so that an eviction order is passed by Rent Controller on the ground of non-payment of rent.  When 'A' sought to execute the eviction order, the other heirs of 'B' namely his wife and other son filed objection pleading that 'C' was not the exclusive tenant, they had also inherited the tenacy.  Whether their objections have any merits ? Decide.
(d)  In an eviction petition by landlord against his tenant under H.P.  Urban Rent Control Act is passed directing the tenant to pay arrears of rent within one month of the date of order and also to pay future rent month by month.  Tenant paid the amount to his Advocate, who handed it over to his Junior Advocate for deposit.  But the Junior Advocate due to some personal need spends the money and does not deposit.  Landlord filed an application for eviction under H.P.  Urban Rent Control Act for striking the defence of tenant.  Tenant pleads for extension of time and negligence of the Junior Advocate of counsel ?  How would you decide ?