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PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Punjab Custom, (Power, Contest) Amendment Act, 1973-- Suit filed for possession on the basis of declaratory decree based on custom - Held, amendment of 1973 retrospectively takes away right to enforce right under the customary law for recovery in possession - Suit, thus ordered to be dismissed...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 6-- Suit for recovery of possession u/s 6 of Specific Relief Act - In a suit for recovery of possession u/s 6 of the Act, question relating to title need not be gone into - Plaintiff must prove his possession of suit property and forcible dispossession therefrom within 6 months prior to date of filing..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Limitation Act, 1963, Article 61(b)-- Mortgage - Property under mortgage transferred by mortgagee to third party - Limitation for filing suit for recovery of possession is twelve years of transfer becoming known to mortgagor and such suit is not barred even though sale deed in respect of transfer was registered more than twelve years..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Limitation Act, 1963, Article 61(b)-- Mortgage - Property under mortgage transferred by mortgagee to third party - Limitation for filing suit for recovery of possession is twelve years of transfer becoming known to mortgagor - Mortgagor specifically pleaded and proved that he came to know of sale just twenty days prior to filing of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 9-- Suit for possession - There is no relationship of landlord and tenant between plaintiff and defendant - Suit for recovery of possession is maintainable in civil Court...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3)-- Civil suit for possession and recovery of rent - Plea of tenant that matter is triable under Haryana Rent Act and jurisdiction of civil court is barred - On the date of filing of suit, premises did not fall in municipal area and was under Gram Panchayat - Even a new building is exempted from Rent..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 6-- Tenant dispossessed by third party - Suit for possession by landlord - Held, suit is maintainable - Besides the person who has been dispossessed, any person claiming through him can also file a suit seeking recovery of possession - Landlord who holds the possession through his tenant is competent..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Wakf Act, 1995, Section 85-- Suit for possession and recovery of rent filed after termination of tenancy by Haryana Wakf Board - Jurisdiction of Civil Court is barred u/s 85 of the Act - It cannot be said that such like matters are required to be decided by a Civil Court and the Wakf Tribunal has no jurisdiction...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment sought at appellate stage - Suit for specific performance - By amendment relief of possession sought - Recovery of possession of property is an ancillary relief - Relief which is omitted can be claimed at any stage of the proceedings - Order allowing amendment, upheld...........
MADRAS HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 16-- Suit for specific performance simpliciter - No relief prayed for recovery of possession - Suit cannot be termed as suit for immovable property...........

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