Showing : 101-110 of 231 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 115-- Principle of acquiescence - If suit is filed for recovery of possession and there is claim of ancillary relief, a mandatory injunction for removal, then acquiescence cannot come in the way - But where plaintiff does not ask for mandatory injunction directing defendant to demolish construction,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Co-owner-- Suit for possession - Held, any one of the co-owners can sue successfully in ejectment or recovery of possession of whole of the property...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Rent and Eviction -- Eviction - Validity - Property does not have Khasra number - Difficulty in assessing actual identity of the property - Held, proper adjudication in summary proceeding under Rent Control Act is not possible - Best course shall be to consign landlord, whoever is owner to file suit for recovery of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, 6-- Eviction - Case set up by petitioners was that they were not in unauthorized possession but had purchased property in dispute in auction - However, their auction was not confirmed - Contention that though amount deposited by them towards auction money has been returned but interest has not been..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Written statement - Amendment - Defendant seeking to introduce counter claim by way of amendment of written statement - Suit for specific performance - Defendant by way of counter claim seeking recovery of possession of suit property, which according to him was wrongly occupied by plaintiff -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Suit for possession -- Plea that defendant is a trespasser - Defendant contending that he was a tenant - Held, if suit is filed on a plea by an owner, whose ownership is admitted and the defendant pleads a case of tenancy in his favour, unless the tenancy is established, he cannot resist an action for recovery of..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 6-- Restoration of possession - In order to establish a claim u/s 6 of the Specific Relief Act, 1963 three things are required to be established - (i) that plaintiff was in possession of suit property; (ii) he has been dispossessed without consent and otherwise than in due course of law; (iii) suit..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Rajasthan Rent Control Act, 2001, Section 10(1)(c)-- Eviction - Senior citizen - Summary proceedings - Disputed title - Petitioner sought eviction on ground of his being senior citizen u/s.10(1)(c) of the Act or otherwise on ground of default, material alteration and denial of title - Respondent contended that he acquired possession of demised..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for specific performance - Amendment seeking relief of possession - Originally plaintiff claiming to be in possession - However, while deciding application for ad interim injunction, Court recorded a finding that defendant is in possession of the suit property - Held,..........
GUJARAT HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 59-- Suit for redemption of mortgage and suit for possession - In some respects both the suits are similar - However, there are vital differences also - In a suit for redemption, on proof of valid mortgage, redemption could be granted, whereas in title suit, plaintiff is required to establish his title..........

Showing : 101-110 of 231 Results