Civil Law

Delhi Judicial Service – 2006 
CIVIL LAW

Q.  1  (a)  A offered by letter to buy his nephew F's horse for Rs. 10,000 adding that 'if I hear no more about this I shall consider the horse to be mine at Rs. 10,000'.  No answer was returned to this letter but F told B, an auctioneer, to keep the horse out of sale of his farm stock, as he intended to reserve it for his uncle A.  B sold the horse by mistake .  A sues F for breach of contract and claims compensation.  Decide?
(b)  A had agreed to sell his house to B for Rs. 15 lacs.  Rs 5 lacs were paid as advance.  After one month, further Rs. 5 lacs was paid and A put B in possession of the house and balance amount of Rs. 5 lacs was to be paid on completion of paper work and registration of sale deed.  A fails to keep his commitment.  B filed suit for specific performance of contract which is decreed.  Court allows B a period of 2 months to make the balance payment.  However, B fails to make the payment of Rs. 5 lacs within the time allowed by the court decree.  A then applies for rescission of decree and contract.  Will he succeed?
(c)  A agrees to sell to B 100 bags of flour which are in his store room.  Before the date of delivery, the store room of A got flooded with water.  Consequently the 100 bags of flour get destroyed.  Does B has any right against A?  Discuss section 8 of the Sale of Goods Act?
Q.  2  (a)  A landlord lets out a premises for a purpose which is contrary to the terms of perpetual lease granted to landlord by DDA.  DDA threatens to cancel this lease on the ground of misuse.  Can landlord seek eviction of tenant under section 14(1)(k) of Delhi Rent Control Act?  What defence is open to a tenant in such a case?  Discuss.
(b)  X, an electric supply company, is responsible for the generation and distribution of electricity in Delhi.  A, while passing through a street in Chandni Chowk, on a rainy and windy day gets electrocuted and dies, after coming in contract with alive electric wire, which was snapped from an electric pole and fell on the road.  Whether his heirs would be entitled to compensation and from whom and to what amount?  Decide.
Q.  3  (a)  Muslim minor girl aged 13 years is given in marriage by her father.  When she attained the age of 17 ½ years, she repudiated the marriage and brought a suit for dissolution of her marriage.  What facts she is required to prove to succeed?  Can the husband successfully resist the suit on any ground?
(b)  At the time of marriage between two Hindus, which took place on July 11, 1999, the husband H and the wife W were employed in Delhi.  After the marriage certain misunderstandings arose between them, whereupon H got himself transferred to Jaipur and W remained in Delhi.  In 2005, H files a petition against W for restitution of conjugal rights.  The defence of W is:
(i)  the H himself got transferred and even now he can come to Delhi, and
(ii)  that in view of the ill treatment on her by H and his bad habits, she does not want to leave her job.
Discuss whether restitution be granted.
Q.  4  (a)  The plaintiff had advanced a loan of Rs. 3 lacs to the defendant by issuing a cheque on 27-8-1999.  Interest was agreed to be paid @18% p.a.  Interest as agreed was paid up to 27-2-2000.  The defendant issued a cheque for Rs. 27,000 drawn on 16-4-2002 on account of interest for the period 28-2-2000 to 28-3-2001.  The cheque when presented by the plaintiff to the bank was dishonoured for want of funds.  The suit was filed on 4-4-2005.  The defendant raised objection that the suit is barred by time.  Decide this plea giving reasons for your discussion.
(b)  A,  B and C were partners of a firm which was not registered.  Firm brought a suit for the recovery of debt due from X to the firm.  A,  B and C had sent an application to the Registrar of Firms in the prescribed form and all formalities were completed but the firm was not yet registered.  Firm brought a suit against X.  Can suit proceed?  Discuss.
Q.  5  (a)  A resides at Shimla.  B at Kolkata and C at Delhi.  A, B and C being together at Varanasi, B & c make a joint promissory note payable on demand and deliver it to A.  A filed a suit for recovery at Varanasi.  B & C object to the jurisdiction of the court at Varanasi to try the suit asserting that defendants B & C do not reside at Varanasi.  How would you decide the objection?
(b)  A filed a civil suit for ejectment and arrears of rent against B, C and D alleging that his tenant B was in arrears of rent and C and D were his sub-tenants.  Only C and D contested it.  Trial Court decreed the suit for arrears of rent against B.  It was held that C and D were not sub-tenants.  Only B filed appeal which was dismissed but the appellate court while observing that any evidence led by C and D could not be read against B further observed that it appeared that C and D being closely related to B were in possession on his behalf.  A filed second civil suit for ejectment and arrears of rent now pleading, inter-alia, that C and D were licensees of B and that the judgement of the appellate court in earlier case will operate as res-judicata.  Is the plea of A about res-judicata correct?  Give reasons for your view?
Q.  6  (a)  Write short notes on the following:
i.    Summary suit under Order 37 CPC
ii.    Primary evidence and secondary evidence
iii.    Stay of suits under section 10 CPC
iv.    Effect of non-registration of documents requiring compulsory registration under Registration Act, 1908