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DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaintiff has set up their case seeking possession of suit premises from the tenant as also for recovery of damages, mesne profits etc. - Plea regarding agreement being non registered cannot be the ground for rejection of plaint outrightly - Effect of non registration of the..........
DELHI HIGH COURT
Year of decision: 2012
Details
Court Fees Act, 1870, Section 7(v)(e)-- Court fee - Suit for mandatory injunction - Suit was not simpliciter suit for mandatory injunction but in fact it was for relief of recovery of possession and declaration - Suit is required to be valued properly at the market value of the property...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Registration Act, 1908, Section 49-- Proviso - Unregistered sale deed - Admissibility - Suit for declaration of title through adverse possession and for recovery of possession - Plaintiffs through sale deed sought to prove only possession - No other aspect arising out of said document much less title sought to be relied upon by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Contempt of Courts Act, 1971, Section 12, Transfer of Property Act, 1882, Section 52- - Alienation of property - Validity - After obtaining an order of stay for recovery of possession of suit property, contemners have transferred suit property - Held, alienation is a necessary incident of ownership and unless there is a prohibition against alienation per se, there is nothing..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Hindu Law, Hindu Law-- Ancestral property - Sale - Right of purchaser - Plaintiffs had merely brought a suit for declaration that particular sale was not valid and they were trying to secure recovery of whole of property alienated by karta - Held, sale cannot become void so as to defeat purchaser's right to vendor's..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 97, Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 12-- Eviction - Recovery of possession - Tenant compromised eviction suit with landlord and agreed to vacate suit premises within stipulated period as reported in the compromise decree - Tenant did not vacate suit premises within stipulated time - Execution filed - In Execution present petitioner..........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 11-- Res-judicata - Suit for injunction - Dismissed - No bar to file a suit for recovery of possession unless the question of title was raised for consideration and after trial a finding was arrived at by the Court in the earlier suit that plaintiff had no title to the property - If the earlier suit..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Suit for possession-- Suit for possession and recovery of rent - Premises let out by grandfather of landlord - Landlord bequeathed premises after demise of grandfather - Demised premises/shop situated in area where no Notified Area Committee was in existence - Held, Rent Act not applicable - Concurrent findings of..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Bombay Public Trust Act, 1950, Section 50(2), 51-- Suit for recovery of possession against trust - Prior permission of charity Commissioner - Owner executed gift deed in favor of public trust dedicating property to idol - Trust taking possession of the gifted property - Subsequently owner executed sale deed after ten years in favor of predecessor..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 41, Rule 22, Civil Procedure Code, 1908, Section , Order 20, Rule 12, Specific Relief Act, 1963, Section 16, 20-- Agreement to sell - Suit for specific performance - Counter claim - Plaintiff put in possession two months prior to execution of agreement to sell - Possession of plaintiff at the time of entry was permissive but is that of trespasser by issue of quit notice by defendant - Defendant is entitled to..........

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