Showing : 41-50 of 220 Results

DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - If earlier suit was filed only for recovery of possession of immovable property with no claim made for relief of mesne profits, second suit for recovery of mesne profits for the period subsequent to the filing of suit for recovery of possession may be instituted - Bar..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of ownership - Plaintiff not in possession - Suit is not maintainable without seeking relief of recovery of possession...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Suit for possession, recovery of mesne profit and damages against son and daughter-i, law - Plaintiff exclusive owner of suit property which fact not denied by defendant - Even permissive user of suit premises not disputed by defendant - Except for bald and vague denials,..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Guardians and Wards Act, 1890, Section 29, 30, Specific Relief Act, 1963, Section 34-- Alienation by guardian of minor is voidable - Suit for declaration and consequential relief for recovery of possession in absence of prayer to set aside alienation - Not maintainable...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for recovery of possession - Courts below after considering oral and documentary evidence on record rightly rendered a finding of fact that plaintiff was in prior possession of suit property and had permitted defendants who were his son and daughter-i, law to stay in the suit..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Article 64, Specific Relief Act, 1963, Section 6-- Limitation - Suit for recovery of possession on the basis of prior possession - Suit is governed by Art.64 Limitation Act and not S.6 of Specific Relief Act...........
MADRAS HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 115-- Estoppel - Suit for recovery of possession - Plaintiff purchased property by way of auction sale u/s 69 of T.P.Act - Defendant filed suit for declaration that auction sale is null and void - However, plaint in said suit is rejected by Court and said judgment became final in the absence of intra..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2-- Rejection of plaint - Bar of O.2.R.2 CPC - Earlier suit for permanent injunction decided only in respect of possession - Subsequent suit filed for declaration, recovery of possession and mandatory injunction - Cause of action in both suits are different - Moreover, grounds of rejection of plaint..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 2(2), Order 1, Rule 8-- Representative suit for possession and mandatory injunction - Suit for declaration that schedule property belongs to trust - No reliefs purely declaratory in nature could have been granted in an ill-constituted appeal and cross objection - Decree as such passed by Trial Court, would only confuse..........
UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Adverse Possession-- Suit for eviction and recovery of possession - Defendant claiming to be in possession of suit property since 1948 - However, said fact is belied as considering age of defendant he was just 11 years old in 1948 - It is thus not possible for a boy age of 11 years to establish his adverse possession..........

Showing : 41-50 of 220 Results