Adv Anup Kumar Mishra

 Under Which circumstances can the court draw an adverse inference against a party if he fails to produce the passbook in the suit for the specific performance of contract?  6.1 From the impugned judgment and order passed by the High Court, it appears that the reasoning given by the High Court is that the plaintiff has not proved that he had the cash and/or amount and/or sufficient funds/means to pay the balance sale consideration, as no passbook and/or bank accounts was produced. In the case of Ramrati Kuer (supra) which has been specifically considered by this Court in the case of Indira Kaur (supra), it was observed and held as under: - “Fourthly, it is urged that the respondents did not produce any accounts even though their case was that accounts were maintained and that Basekhi Singh used to give maintenance allowance to the widows who were messing separately. It is urged that adverse inference should be drawn from the fact accounts were not produced by the respondents and that i

 Can the plaintiff get possession of the suit property if the defendants fail to prove their title over the suit property? Can the plaintiff get possession of the suit property if the defendants fail to prove their title over the suit property? In the above factual background, for the Plaintiff to succeed, she has to establish that she has a legal title to the Schedule 'A' property, and consequently, is entitled to a decree of possession. The Defendants cannot be dispossessed unless the Plaintiff has established a better title and rights over the Schedule 'A' property. A person in possession of land in the assumed character as the owner, and exercising peaceably the ordinary rights of ownership, has a legal right against the entire world except the rightful owner.9 A decree of possession cannot be passed in favour of the Plaintiff on the ground that Defendant Nos. 1 to 12 have not been able to fully establish their right, title and interest in the Schedule 'A' p