Maharashtra Civil Judge Mains 2015 Question Paper

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Maharashtra Civil Judge (Main) Examination 2015

MAHARASHTRA JUDICIAL SERVICE (CIVIL JUDGE, JUNIOR DIVISION)

MAINS

PAPER I: CIVIL LAW

Time Allowed: 3 Hours

Max. Marks: 100

Civil Procedure Code, Transfer of Property Act, Specific Relief Act, Law of Contracts, Sale of

Goods Act and Partnership Act. Note: All questions are compulsory. Question No. 1 carries 20

marks; all other questions carry equal marks, i.e. 16 marks each. Your answers must be to the

point, wherever possible quoting the specific provision of law. Do not reproduce any question;

write only the question’s number against the answer. Wherever an option has been given, only

the required number of responses in the serial order attempted shall be assessed. English

version of the question shall be authentic in case of any ambiguity.

1. Write a judgment on the basis of the facts narrated below. While writing the judgment: (a)

adhere to the contents of a judgment as required under the Code of Civil Procedure; (b)

frame and answer the issues properly; (c) wherever necessary, fill up the details from your

imagination; (d) give legal, logical and proper reasons for your findings; (e) conclude the

judgment with a proper operative order.

Facts: ‘A’, ‘B’ and ‘C’ are real brothers and sons of the deceased ‘X’. ‘X’ inherited

agricultural lands (P1, P2 and P3). During the lifetime of ‘X’, agricultural land (P4) was

purchased.

Averments in the plaint: ‘B’, the plaintiff, has contended that Lands (P1 to P4) are joint

family properties of the plaintiff and the defendants. There is no partition of these properties

by metes and bounds. He claims a 1/3rd share and separate possession in the 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 ‘B’ and ‘C’

have not challenged the revenue entries till date. There is no dispute that Lands (P1 to P3)

are joint family properties.

Written statement of Defendant No. 2 ‘C’: ‘C’ contends that, since during the long illness of

‘X’ he took good care of ‘X’, Land (P4) was gifted orally by ‘X’ to him. The rest of the

contentions of the plaint are admitted.

Evidence: ‘A’, ‘B’ and ‘C’ are only agriculturists by occupation. Lands (P1 to P3) are being

cultivated separately by ‘A’, ‘B’ and ‘C’ after the death of ‘X’. Land (P4) is in the name of

‘A’ as per the 7/12 extract.

2. Answer any two of the following sub-questions: