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 possession brought at the instance of the owner - Document..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Validity - Trial Court dismissed application for temporary injunction moved by plaintiffs and allowed application for temporary injunction moved by defendants against plaintiff - Plaintiff was real original allottee of land out of which disputed part of land said to have been come into..........
Transfer of Property Act, 1882, Section 53 - - Part performance - Benefit - Defendants not ready and willing to perform their part of contract - Held, benefit of S.53-A of the Act is not available to defendant...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owner - Restraining raising any further construction - Plaintiff not in possession of property - However, defendant restrained from raising further construction on suit property which is the only vacant piece of land in the entire bigger chunk of land - If defendants are restrained from raising..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Formal defect - Property of defendant shown as property of plaintiff - Said defect is not a `formal defect'...........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction decree - Decree passed on the ground that plaintiff has supported the facts as pleaded in plaint and defendant has not contradicted the averments made by plaintiff and has not produced any evidence in defence - Decree was passed without recording finding as to existence of grounds of eviction - Held, decree..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Substance of plaint itself should be assumed as correct - Court should proceed to examine whether on such assumptions, the suit was to fail as being bared by law - Contention of defendant in such a situation is irrelevant...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 7, 19, Evidence Act, 1872, Section 102 -- Ex parte decree - Setting aside - Valid service of summons - Denial - Burden of proof - It is on the person who affirms that there was a valid service which was refused - Held, it is untenable argument that defendant must put the Court bailiff..........
Civil Procedure Code, 1908, Order 5, Rule 7, 19 -- Service of summons by affixation - Report on an earlier date that defendant was not residing at the given address - Held, on the subsequent date order of service by affixation was uncalled - Held, there was no service of summons on the defendant...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Injunction suit - In an injunction suit third party can be impleaded - To avoid multiplicity of proceedings, a third party to suit against whom no relief is claimed can be impleaded as a party defendant provided his presence is necessary for a complete and final decision on the question involved in..........
