Civil Procedure Code, 1908, Section 66(1) -- Repealed by Benami Transactions (Prohibition) Act, 1988 - Auction sale - Challenge as to - Suit property was put on auction sale because of a mortgage created by original owner who was heavily indebted - There was no challenge to Court auction sale by original owner in his life time - Trial Court held that auction sale is valid..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22(2) -- Property of senior citizen - Restoration of - Writ Petition - Maintainability - Property lost in deceptive transactions - However, civil suit in respect of suit property is already pending - Writ petition is not maintainable where a civil suit is pending in respect of a lis - Even otherwise,..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff not in possession - Suit not maintainable as consequential relief of possession is not sought...........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 9 -- Suit barred U.O.9.R.9 and S.11 CPC - Any finding in a suit which is not maintainable has no bearing in law...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit dismissed on failure to furnish correct/complete addresses of defendants - Order dismissing suit passed U.O.9.R.2 CPC - Application for restoration of suit is maintainable U.O.9.R.4 r/w S.151 CPC...........
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 34, 108 -- Public Trust - Alienation of property - Civil suit seeking permission of religious trust property is not maintainable in view of S.108 of the Act, as Commissioner is appropriate authority to approve proposed sale of land by respondent...........
Specific Relief Act, 1963, Section 34 - - Suit for declaration without seeking relief of possession - Maintainability - When title stands in favour of plaintiff, he is entitled to get declaration in respect of his title - Question of applicability of S.34 Proviso will come into play when there remains a disputed question of possession on basis of title - Suit held,..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration on basis of adverse possession - Suit is maintainable...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Without seeking relief of possession - Maintainability - Co-owners - Plaintiffs are co-sharers in suit property to the extent of 1/3rd share each - Every co-owner is deemed to be in joint possession of every inch of joint land even if same is in exclusive possession of one of co-owners - However, co-owner in..........
Partition suit -- Maintainability - When plaintiff himself admitted that he is an orphan and not established that he is legal heir, he is not entitled for partition - Partition suit not maintainable at the instance of plaintiff...........
