Maharashtra Judicial Service Civil Judge 2015 Paper-I
Maharashtra Judicial Service Civil Judge 2015 Paper-I Question Paper
Total marks – 200 Duration – 3 hours
1. Write a Judgement on the basis of the facts narrated below :
While writing Judgement:
(1) adhere to the contents of Judgement as required under the Code of Civil
(3) frame and answer the issues properly.
(4) wherever necessary, fill up the details from your imagination.
(5) give legal, logical and proper reasons for your findings.
(6) conclude the Judgement with a proper operative order.
‘A’, ‘B? and ‘C’ are real brothers and sons of deceased IC. ‘X’ inherited Agricultural Lands (PI, P2 and P3).
During the lifetime of ‘X’, Agricultural Land (P4) was purchased.
Averments in plaint:
‘B’, Plaintiff has contended that Lands (PI to P4) are Joint family properties of plaintiff and defendants. There is no partition of these properties by metes and bounds. He claims l/3rd share and separate possession in suit properties.
Written statement of Defendant No. 1 ‘A’:
‘A’ claims that Land (P4) is his self acquired property and it stands in his name as per revenue records. He further claims that ‘B1 and ‘C’ have not challenged revenue entries till date. There is no dispute that Lands (PI to P3) are joint family properties.
Written statement of Defendant No. 2 ‘C’ :
‘C’ contends that since during long illness of ‘X’ he has taken good care of ‘X’, Land (P4) is gifted orally by X to him. Rest of contentions of plaint are admitted.
‘A’, ‘B’ and ‘C’ are only Agriculturist by occupation.
Lands (PI to P3) are being cultivated separately by ‘A’, ‘B’ and ‘C’ after death of ‘X’. Land (P4) is in name of ‘A’ as per 7×12 extract.
2. Answer any two of the following sub-questions :
(1) Discuss, Rights and Liabilities of Seller and Buyer in the transaction of sale of immovable property.
(2) Rights and Liabilities of Partners inter se and with third parties — Discuss.
(3) Discuss essentials of a valid transfer of property.
3. Write short notes on any four of the following :
(1) Return of plaint and Rejection of plaint
(2) Indemnity and Warranty
(3) Bailment and Pledge
(4) Condition and Warranty
(5) Stay of suit and Bar of further suit
(6) Conclusiveness and Presumptions of Foreign Judgements
4. Answer any fu>o of the following sub-questions :
(1) Discuss Rights and Liabilities of a Mortgagor.
(2) Discuss Rights and Liabilities of Lessor and Lessee in respect of Lease of immovable property.
(3) In which circumstances is Agreement rendered void ?
5. Answer any four of the following sub-questions :
(1) Doctrine of Election
(2) Stoppage in Transit
(3) Fraudulent Transfer
(4) Compromise of Suit
(5) Interest, Cost and Compensatory Cost
(6) Contingent Contract
6. Answer any of the following sub-questions :
(1) Suit by or against government or public officer (discuss relevant provisions).
(2) Determination of Lease of immovable property.
(3) Explain the difference between set-off and counterclaim.
(4) Deal with provisions regarding “suit by Indigent Person”.