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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..........
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..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 3, Specific Relief Act, 1963, Section 6-- Suit for recovery of possession - Inadequate description of suit property - Effect - Held, if it is found in suit that plaintiff did not describe an item of immovable property, which is subject-matter of suit, as provided U.O.7.R.3 CPC, he can be permitted to seek necessary amendment - At same..........
CALCUTTA HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 106-- Termination of tenancy - Suit for recovery of possession - Application filed by respondent/landowner for summary judgment under chapter XIII-A of High Court Rules, Original Side - Affidavit-i, Opposition filed by appellant/tenant contending that termination was wrongful as it was done contrary to..........
PATNA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 5, 34, 38-- Suit for declaration of title, recovery of possession and permanent injunction - Declaration sought that defendant has no right to close windows in wall of house of plaintiff and a direction to remove construction made over suit land and permanent injunction restraining defendants from making any..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for permanent injunction - By way of amendment of plaint relief of declaration of title, recovery of possession and mandatory injunction claimed - Such amendment does not alter the nature of suit - Order allowing amendment, upheld...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 6-- Suit u,s 6 of Specific Relief Act - The only question that has to be determined is whether plaintiff was in possession of the disputed property and he had been illegally dispossessed therefrom on any date within six months prior to the fling of the suit - Proceeding u/s 6 of the Act is summary in..........

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